Monday, June 7, 2010

SWAT Raids Gone Wrong -- Paramilitary Policing Is Out of Control

By Phillip S. Smith

As is periodically the case, law enforcement SWAT teams have once again come under the harsh gaze of a public outraged and puzzled by their excesses. First, it was the February SWAT raid on a Columbia, Missouri, home where police shot two dogs, killing one, as the suspect, his wife, and young son cowered. Police said they were looking for a dealer-sized stash of marijuana, but found only a pipe with residues. When police video of that raid hit the Internet and went viral this month, the public anger was palpable, especially in Columbia.

Then came a botched SWAT raid in Georgia -- not a forced entry, but otherwise highly aggressive, and directed at the wrong building -- that left a 76-year-old woman hospitalized with a heart attack.

And then came the tragedy in Detroit two weeks ago, where a member of a Detroit Police SWAT team killed seven-year-old Aiyana Jones as she slept on a living room couch. Allegedly, the officer had a tussle with the girl's grandmother as he charged through the door after a flash-bang grenade was thrown through the window, and the gun discharged accidentally, though the account has been disputed by the family's attorney. In this instance, police were not looking for drugs but for a murder suspect. He was later found in another apartment in the same house. Again, the public dismay and anger was palpable.

Botched (wrong address or wrong person) raids or raids where it appears excessive force has been used are certainly not a new phenomenon, as journalist Radley Balko documented in his 2006 study, "Overkill: The Rise of Paramilitary Policing in America." But most raids gone bad do not get such wide public or media attention.

The victims often are poor, or non-white, or both. Or -- worse yet -- they are criminal suspects, who generally generate little sympathy, even when they are abused.

And while they were originally created to handle very special problems -- terrorist incidents, hostage situations, and the like -- there just aren't that many of those. As a result the use of SWAT has seen "mission creep," where SWAT teams are now routinely called out to serve search warrants, particularly in drug cases. In 1980, 2,884 SWAT deployments were recorded nationwide; the number today is estimated by experts at 50,000 annually or more.

The sheer normality of SWAT teams doing drug raids now, as well the status of their victims, has resulted in effective immunity and impunity for SWAT teams that commit errors or engage in unnecessary force. Most of the time when a raid goes bad, nothing happens.

It seems to take an especially outrageous incident, like Columbia or Detroit, to inspire public concern, and even then, it is the citizenry and perhaps part of elected officialdom against the powerful law enforcement establishment. Creating effective oversight over SWAT teams and their paramilitary raids is not easy -- but it can be done, or at least started.

The now infamous 2008 raid on the home of Berwyn Heights, Maryland, Mayor Cheye Calvo by a Prince Georges County Police SWAT team is a case in point. In that raid, police were tracking a package they knew contained marijuana, and once it was delivered to Calvo's house and taken inside, the SWAT team rushed in, manhandled Calvo and his mother-in-law and shot and killed Calvo's two dogs.

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