Published by CQ Press, an Imprint of SAGE Publications, Inc. www.cqresearcher.com Police Tactics Has U.S. law enforcement become militarized?

he killing in August of an unarmed, black 18-year- old by police in Ferguson, Mo., has intensified a long-simmering debate over how police do their T jobs. The shooting of Michael Brown by white officer Darren Wilson has led to angry and sometimes violent protests, initially heightened when police in military-style gear and armored vehicles responded to the unrest. The tactics highlighted what some criticize as the “militarization” of America’s police forces, fueled by a Pentagon program that supplies local police with surplus weapons and vehicles. Others say police overuse S WAT A helmeted, heavily armed police officer stands watch teams to serve warrants and enforce drug laws. The Ferguson during demonstrations in Ferguson, Mo., some violent, after the deadly shooting on Aug. 9 of Michael Brown, an unarmed black 18-year-old, by a white officer. The shooting and other recent high-profile police killings of unarmed massive response to the demonstrations by officers in armored vehicles and military-style garb raised African-Americans also has ignited a national outcry against what concerns about law enforcement tactics and what some see as the militarization of police. many say is disproportionate police action against black males. Police respond that low-income communities of all races have the I highest crime rates and that they need military-style equipment to THIS REPORT N THE ISSUES ...... 1035 defend themselves in a heavily armed society. S BACKGROUND ...... 1044 I CHRONOLOGY ...... 1045 D AT ISSUE ...... 1051 E CQ Researcher • Dec. 12, 2014 • www.cqresearcher.com CURRENT SITUATION ...... 1052 Volume 24, Number 44 • Pages 1033-1060 OUTLOOK ...... 1053 RECIPIENT OF SOCIETY OF PROFESSIONAL JOURNALISTS AWARD FOR BIBLIOGRAPHY ...... 1058 EXCELLENCE u AMERICAN BAR ASSOCIATION SILVER GAVEL AWARD THE NEXT STEP ...... 1059 POLICE TACTICS

Dec. 12, 2014 THE ISSUES SIDEBARS AND GRAPHICS Volume 24, Number 44 MANAGING EDITOR: Thomas J. Billitteri • Do SWAT teams and mili - Vehicles, Aircraft Top List [email protected] 1035 tary tactics and weaponry 1036 of Military Supplies Police received more than ASSISTANT MANAGING EDITORS: Maryann have a place in policing? Haggerty, [email protected], • Has police use of military- $1 .5 billion in surplus military gear since 2006. Kathy Koch , [email protected], style tactics increased tensions Scott Rohrer, [email protected] with minority communities? Most SWAT Deployments SENIOR CONTRIBUTING EDITOR: • Do body cameras prevent 1037 Are for Search Warrants Thomas J. Colin police misconduct? The special teams serve war - [email protected] rants 70 percent of the time. CONTRIBUTING WRITERS: Brian Beary, Marcia Clemmitt, Sarah Glazer, Kenneth Jost, BACKGROUND Police Say ‘Shoot to Reed Karaim, Peter Katel , Barbara Mantel, 1040 Wound’ Is Not an Option Tom Price, Jennifer Weeks Troops in the Streets “If you point a gun at a 1044 SENIOR PROJECT EDITOR: Olu B. Davis The military has occasionally police officer, you have been used to enforce laws punched your ticket.” EDITORIAL ASSISTANT: Ethan McLeod on U.S. soil. FACT CHECKERS: Eva P. Dasher, Blacks Rate Police Poorly Michelle Harris, Nancie Majkowski 1044 War on Drugs 1043 for Use of Force The drug war prompted Seven in 10 blacks disapprove growing police aggressiveness of police behavior. in the 1970s. Chronology Drawing Fire 1045 Key events since 1957. 1048 Controversy over military-style An Imprint of SAGE Publications, Inc. law enforcement grew in the Police Face Danger in 1990s. 1046 VICE PRESIDENT AND EDITORIAL DIRECTOR, Everyday Situations HIGHER EDUCATION GROUP: Even routine traffic stops can Michele Sordi New Tensions turn deadly. 1049 Counterterrorism became a EXECUTIVE DIRECTOR, ONLINE LIBRARY AND police responsibility after REFERENCE PUBLISHING: At Issue: Todd Baldwin 9/11. 1051 Are U.S. police departments becoming dangerously Copyright © 2014 CQ Press, an Imprint of SAGE Pub - militarized? lications, Inc. SAGE reserves all copyright and other CURRENT SITUATION rights herein, unless pre vi ous ly spec i fied in writing. No part of this publication may be reproduced Stemming the Flow FOR FURTHER RESEARCH 1052 Congress is considering re - electronically or otherwise, without prior written permission. Un au tho rized re pro duc tion or trans mis - stricting the flow of military For More Information equipment to police. 1057 sion of SAGE copy right ed material is a violation of Organizations to contact. federal law car ry ing civil fines of up to $100,000. 1052 Troubled Cities Bibliography CQ Press is a registered trademark of Congressional Two recent non-indictments 1058 Selected sources used. Quarterly Inc. of officers fueled anger over CQ Researcher (ISSN 1056-2036) is printed on acid- police conduct. The Next Step 1059 free paper. Pub lished weekly, except: (March wk. 4) Additional articles . (May wk. 4) (July wk. 1) (Aug. wks. 3, 4) (Nov. wk. 4) and (Dec. wks. 3, 4). Published by SAGE Publications, OUTLOOK Citing CQ Researcher 1059 Sample bibliography formats. Inc., 2455 Teller Rd., Thousand Oaks, CA 91320. Annual Re-engineering Police full-service subscriptions start at $1,131. For pricing, 1053 Culture call 1-800-818-7243. To purchase a CQ Researcher report Changing attitudes could take in print or electronic format (PDF), visit www.cqpress. generations. com or call 866-427-7737. Single reports start at $15. Bulk purchase discounts and electronic-rights li - censing are also available. Periodicals postage paid at Thousand Oaks, California, and at additional mailing offices . POST MAST ER: Send ad dress chang es to CQ Re search er , 2600 Virginia Ave., N.W., Suite 600, Wash - ing ton, DC 20037. Cover: AFP/ Getty Images/Michael B. Thomas

1034 CQ Researcher Police Tactics BY PETER KATEL

prompting current controversies THE ISSUES over police tactics. “Ferguson laid bare . . . a simmering dis - he images packed a trust that exists between too powerful punch: men many police departments and T in battle dress, carry - too many communities of ing automatic rifles, riding in color,” President Obama said armored personnel carriers and at the White House. “When throwing noise-and-light pro - any part of the American fam - ducing “flash-bang” grenades ily does not feel like it is being to disperse crowds . 1 treated fairly, that’s a problem The show of paramilitary for all of us. ” 4 might was happening not at Even some police profes - a mass street demonstration sionals say the appearance of in Cairo or Rio de Janeiro militarization is eroding public but the St. Louis, Mo., suburb trust in law enforcement. “Per - of Ferguson. It came in re - ception is reality,” said Mark sponse to angry, sometimes Lomax, executive director of violent, protests against the the National Tactical Officers death in August of Michael Association — a professional Brown, an unarmed 18-year- organization for police special k a old shot to death by a city j weapons and tactics (SWAT) e D

policeman. y team members. “Right now, n o

Public and political indig - T the perception is there’s a mil - / o

nation over the shooting ex - t itarization of policing, which o ploded at the military appear - h becomes a reality to a lot of P

ance of the Ferguson police, P people.” 5 A helping to fuel days-long Demonstrators block Cleveland’s Public Square on Controversy over police protests in the town and Nov. 25 during a protest over the fatal shooting of 12- tactics also intersects with deepen suspicion and fear of year-old Tamir Rice, an African-American shot by a white intensified debate over drug law enforcement. “There’s no Cleveland police officer after waving and reportedly laws and how they are en - reaching for a toy gun at a city park. A video of the question in my mind that the shooting shows a police car driving up next to the boy, forced. Critics, including idea that all of this equipment who was shot two seconds later. some former law enforce - . . . contributed to a mentality ment officials, say the na - among the peaceful protesters tion’s decades-long “war on that they were being treated as the a shelf. Police, responding to a 911 call, drugs” — which often involves raids enemy,” Missouri Sen. Claire McClaskill, shot him dead. In New York, Eric Garner by helmeted, flash-bang grenade- a Democrat, said in a Senate Home - died in a police chokehold — gasping throwing SWAT teams — has been land Security Committee hearing last “I can’t breathe” — after verbally protest - misguided and dangerous. The mili - September. 2 ing an arrest for selling single cigarettes tary terminology associated with U.S. The Ferguson shooting and its con - on the street. A grand jury declined to anti-drug policy “evokes images of tinuing aftermath struck a raw nerve, indict the officer involved, prompting friends and foes and enemies of the aggravated by a string of shootings, widespread protests. ( See “Current Sit - police and enemies of society,” says some fatal, arising from police-citizen uation,” p. 1052. ) 3 former Seattle Police Chief Norm Stam - encounters in several cities, including Garner was black, and the officer per. “If you’re talking about a 16- New York; Albuquerque, N.M.; Colum - who choked him was white. The Wal - year-old nonviolent drug offender, bia, S.C., and Beavercreek, Ohio. In the mart shopper, John Crawford III, was he’s not the enemy.” Ohio case, a Walmart shopper in the black, and the two officers who shot In Washington much of the furor Dayton suburb was seen talking on his him were white. The Ferguson shooting over police tactics has centered on a cellphone while walking the aisles, hold - presented the same racial pattern — 23-year-old program for transferring ing a BB gun he had taken down from as do other, but not all — of the episodes Defense Department surplus gear to

www.cqresearcher.com Dec. 12, 2014 1035 POLICE TACTICS

But police defenders call increased Vehicles, Aircraft Top List of Military Supplies militarization a myth. Unlike the military, The Department of Defense has supplied local police departments “SWAT teams do not engage the enemy with the purpose of destroying them; with more than $1.5 billion worth of surplus equipment over the past they are trained to protect life,” says eight years. Most of the hardware was vehicles, including armored Chuck Canterbury, national president ones, aircraft and communications and detection equipment. Only of the Fraternal Order of Police, the $40 million worth of the equipment was for weapons. nation’s largest law-enforcement union, and former operations chief of the Vehicles $699 county police department in Conway, S.C. “The majority of SWAT calls end Aircraft $343 with nobody injured; if the military Communications $182 had a record like that, they’d be losing and Detection the war.” Clothing $52 And much of the Pentagon equip - Construction $44 Va lu e of T op 1 0 Ty pe s of M il it ary ment, such as high-wheeled trucks and forklifts, are used in disaster-recovery Fire Control $42 Eq ui pm en t Su pp li ed t o La w En fo rc em en t, 2 00 6- 20 14 * missions, Alan Estevez, the Defense Weapons $40 undersecretary in charge of the surplus equipment system, told a Senate com - Electric Wire $39 mittee in September. 8 Medical $38 But during the early days of 1033, the Justice Department didn’t cite dis - Tractors $33 aster relief as a prime justification for $0 10010 0 2 2000 0 30030 0 4 4000 0 50050 0 6 6000 0 70070 0 800 the program. “The best examples of (in $ millions) law enforcement and military partici - pation in common missions are the * Spending data from 2006 through April 2014 ‘wars’ being waged against narcotics Source: Analysis by David Eads and Tyler Fisher, “MRAPs And and terrorism,” a 1997 Justice Depart - ment report on developing weapons Bayonets: What We Know About The Pentagon’s 1033 Program,” and technology for military and police NPR, Sept. 2, 2014, http://tinyurl.com/p3a4fqj; original data for use stated. 9 1033 program expenditures located at “LESO Program data,” Among those tools were flash-bang Defense Logistics Agency, http://tinyurl.com/n7koanr grenades. They are part of SWAT team toolkits but have caused at least seven police departments, a once-informal Critics say the gear encourages unintended deaths, including of a police system that expanded along with the military-style tactics against civilians. officer, and burn injuries prompting a drug war. The program is now known “Cutting off the supply of military total of $2.1 million in settlements in as “1033” after the relevant section of weaponry to our civilian police is two cases in 2010 and 2011 . 10 federal law. the least we could do to begin the Last May, SWAT officers from Geor - Since 1990, the Pentagon has shifted process of reining in police milita - gia’s Habersham County and Cornelia more than $5.1 billion worth of surplus rization and attempting to make clear city threw a flash-bang grenade into equipment to local and federal law the increasingly blurred distinction a house during a 3 a.m. drug raid, enforcement entities — 96 percent of between the military and police,” Peter causing third-degree burns on a 19- it nonlethal supplies such as office fur - Kraska, chair of criminal justice studies month-old child and blowing a hole niture, tents and forklifts, but also some at Eastern Kentucky University in Rich - in his chest. The raiders were seeking 90,000 pistols and assault rifles and mond, Ky., told the Senate Homeland a relative who wasn’t home. 11 600 armored vehicles. ( See graphic, Security Committee in September. County Sheriff Joey Terrell said au - above. ) Data show big increases in Kraska pioneered studies of police thorities didn’t know children were equipment transfers in 2012 and 2013, SWAT teams, first created in 1967 to present but argued drug raids call for when the wars in Iraq and Afghanistan deal with high-risk episodes such as SWAT deployment. Drug dealers, he were winding down. 6 hostage rescues. 7 said, “are no better than a domestic

1036 CQ Researcher terrorist, . . . and I think we should treat them as such.” 12 Most SWAT Deployments Are for Search Warrants With many drug dealers today being Police departments executed four out of five SWAT team deployments heavily armed, drug raids can be ex - to serve search warrants in 2011 and 2012, according to a civil tremely dangerous for cops. In 2012, liberties organization ’s study of 20 law enforcement agencies. a member of an Ogden, Utah, drug strike force was killed and five others Another 17 percent of deployments were for other purposes, such as were wounded during a raid on a protecting visiting officials, responding to emergencies and pursuing house to serve a search warrant on a fleeing suspects. small-scale marijuana case suspect, who Unknown fired at police. 13 Other SWAT teams are used predominantly to serve search warrants, mostly in drug cases. According to an American Civil Liberties Union (ACLU) survey, 79 percent of SWAT deployments in Percentage of SWAT Deployments, 2011-12 involved searches — 62 percent by Purpose, 2011-2012 of them for drugs. 14 Search warrant Concern that SWAT teams are being wrongly assigned to duties that don’t require a high-intensity approach runs through police circles. Inappropriate SWAT deployments are “more prevalent Source: “War Comes Home: The Excessive Militarization of American Policing,” in smaller agencies,” says Charles “Sid” American Civil Liberties Union, June 2014, p. 31, http://tinyurl.com/myxzoju Heal, a retired Los Angeles County Sheriff’s Department officer who com - ing too much faith in cameras — or Los Angeles formed the first SWAT manded a SWAT unit. “They may get in military gear. “There is a time and team, in 1967, prompted by violent 12 callouts a year, and they have to place for police to . . . use military events that included a sniper attack on justify their existence.” Raiding a “dime- weapons and tactics to end a threat the University of Texas at Austin campus. bag dealer” does not require a tactical to human life,” former Seattle chief By the late 1990s, about 89 percent of team, but SWAT raids against high- Stamper says, but “there are no strings departments in cities with 50,000 people level drug dealers are fully justified, attached, no training requirements or or more had SWAT units, a rate that Heal says, given the long sentences certification that the local agency is experts say holds true today . 16 they face if arrested. “They’ve got noth - going to use that equipment under An upswing in the number of heavily ing to lose,” he adds. very carefully circumscribed circum - armed criminals, mass shootings and Officers face other dangerous ene - stances.” other emergencies prompted the spread mies as well. Last September, a sniper As law enforcement officials, Con - of tactical units, concluded a 2002 Cal - killed a Pennsylvania state trooper as gress and the public weigh the use ifornia commission study of the state’s he ended his shift. ( See sidebar, p. of aggressive tactics and military-style SWAT operations. Most countries would 1046. ) And in Albuquerque last year, equipment by police, here are some send a national police force to such an AK-47-wielding gunman with “cop of the questions under debate: emergencies, the study found, but U.S. killer” tattooed on his knuckles shot law leaves most policing duties to cities, and gravely wounded a sheriff’s deputy Do SWAT teams and military counties and states. before being shot to death. 15 tactics and weaponry have a “It became clear that a new method Part of the Albuquerque gunfight place in policing? of response to such complex, high- was captured on officers’ body-worn Debate over militarization was well risk and often high-energy situations cameras. Support is growing for wide - underway before recent media reports was needed,” the study said. “Over the spread use of the devices because, on the 1033 program and its transfers years, SWAT has evolved into the man - supporters say, both police and citizens of military guns and personnel carriers agement of barricaded suspect situa - tend to behave better when they are to local police departments. tions, the service of high-risk warrants, being recorded. Much of that early debate focused dignitary protection and the actual res - But some experts warn against plac - on the formation of SWAT teams. cue of hostages.” 17

www.cqresearcher.com Dec. 12, 2014 1037 POLICE TACTICS

The commission was formed after an ness to acquire military equipment. a protracted, high-intensity firefight,” Bob 11-year-old boy was accidentally killed “Once you get the equipment you have Parker, a former Omaha SWAT com - during a 2000 SWAT raid conducted to develop the military mindset to use mander, wrote in Police magazine. 24 with FBI and Drug Enforcement Admin - it,” says sociologist Peter Moskos, a Stamper, the former Seattle police chief, istration (DEA) agents in Modesto, Calif. former Baltimore police officer and was in the San Diego Police Department Then-state Attorney General Bill Lockyer professor in the Law, Police Science when a gunman killed 21 people at a was “concerned about the potential ero - and Criminal Justice Administration de - McDonald’s restaurant there before a po - sion of community confidence in local partment at John Jay College of Criminal lice sniper killed him. 25 Stamper says law enforcement agencies caused by Justice in New York. “You can have military capabilities are essential, but they such tragedies,” the commission said. 18 the mindset without equipment, but are being overused. He largely blames But SWAT teams are increasingly you can do less damage.” politicians who constantly depicted drug active, according to Kraska of Eastern Weapons trainers, who teach police enforcement in military terms. “It started Kentucky University, who found an in - officers that “it’s a war out there, every - with ‘drug war,’ ” he says. “And there is crease of 57,000 SWAT deployments one is out to get you,” also foster a a macho dimension to this that can’t be between 1980 and 2007. 19 military mentality, says Moskos. “That denied. It’s boys with toys.” Moreover, Lomax, of the National is not a realistic fear.” Police departments that routinely Tactical Officers Association, told a Sen - But Canterbury, of the Fraternal Order use SWAT teams to serve drug-case ate committee: “It is not uncommon of Police, says given the fundamental warrants should return to standard pro - for agencies to take receipt of such difference between military and police cedures that would make most raids [military] equipment and receive little missions, military equipment — even unnecessary, Stamper argues. “Why have or no training on how to utilize it, attention-getting mine-resistant vehicles 14 cops for one low-level offender?” when to deploy it and, equally as im - — have effectively been demilitarized he asks. “What about surveillance — portant, when not to deploy it.” 20 for police use. “They don’t have military watching for the suspect to come out? Critics including the ACLU and weapons or computer systems on them,” He comes out, goes into his car, and Radley Balko, a Washington Post blog - he says. “They’re nothing but an armored you conduct a routine traffic stop.” ger and one of the earliest critics of vehicle once law enforcement gets them.” Heal, the former Los Angeles County the expansion and growing use of Richard Greenleaf, director of the crim - Sheriff’s Department commander, agrees SWAT teams, argues that many of them inal justice major at Elmhurst College in that with low-level drug dealers, the best are being used to serve run-of-the-mill Elmhurst, Ill., and a former sergeant in option is to determine “if you can do a search and arrest warrants, unneces - the Albuquerque Police Department, door-knock and tell a guy to come out.” sarily using overwhelming force. “We doesn’t question the view that police are Nevertheless, he says, such deter - see SWAT teams now in white-collar militarizing. But he also says police are minations are subjective, with no easy crimes, even regulatory crimes, [such rightly danger-conscious because of the formulas to apply. And in the case of as] barbering without a license” Balko, nation’s high rate of gun ownership. 23 higher-level traffickers, “Whether people told an Albuquerque audience in No - “America has more guns per capita want to believe it or not, drug dealers vember. He cited an 11th Circuit U.S. than any other country in the whole are inherently dangerous,” Heal says. Court of Appeals decision in September world, and many of them are very “I don’t know of a single one anywhere that SWAT raids on Orlando, Fla., barber - powerful,” Greenleaf says. “You can’t I wouldn’t consider them a threat.” shops were unconstitutional. 21 not think about that when you think Police, as well as police critics, say about the militarization of the police.” Has police use of military-style many SWAT teams are misdirected to For many policing experts, an event tactics increased tensions with routine duties. A 2011 policy paper pub - that confirmed the need for SWAT teams minority communities? lished by the Alexandria, Va.-based In - as well as heavier armament for regular The community-police conflict that ternational Association of Chiefs of Police patrol cops was a 44-minute shootout erupted in Ferguson after the shooting said serving search warrants was the “most in North Hollywood, Calif., in 1997 in death of Brown illustrated, again, that common” task of SWAT teams — with which two body-armor-wearing bank controversies over police conduct often some departments sending them to every robbers with several assault rifles, plus involve a racial dimension. Recent Jus - search. That policy represented “overuse handguns, exchanged nearly 2,000 tice Department investigations of police of a team created to deal with high-risk rounds with officers, including some departments found discriminatory con - interventions,” the paper said. 22 SWAT team members. The robbers were duct toward African-Americans, and in Some specialists trace what they call killed, but no police died. “Patrol officers some cases Latinos, in Maricopa County, an overreliance on SWAT to an eager - had never before been engaged in such Ariz.; East Haven, Conn.; New Orleans;

1038 CQ Researcher Newark; Alamance County, N.C., and Portland, Ore. 26 An analysis by the investigative news website ProPublica of fatal police shoot - ings of teenagers ages 15-19 concluded that in 2010-2012, black teens were killed at a rate of 31.17 per million, compared to 1.47 per million among white teens. 27 ProPublica acknowledged that the FBI data it used, which include victims’ race — and which show 1,217 fatal police shootings overall, adults and mi - nors, in those years — were “terribly incomplete.” Indeed a Wall Street Jour -

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nal investigation counted at least 1,800 o

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1,242 recorded in police department h

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records. Some experts argued that e

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though a racial disproportion exists, a

h

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ProPublica’s use of the data vastly over - t

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i

stated the trend. Moskos of John Jay M

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College of Criminal Justice calculated, c

n using the same data, that if ProPublica e

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had analyzed 15 years of available sta - u

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o tistics instead of three years, the results d

a would show that black youths were n

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/ nine times likelier — instead of 21 times s

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young white people — “a huge differ - y

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t ence,” Moskos wrote. The underlying e

G data also showed 62 police shootings Protesters in Los Angeles stage a sit-in on Nov. 25, one day after a grand jury of all teenagers in 2010-2012 reported decided not to indict Darren Wilson, the white Ferguson, Mo., police officer who to the FBI. One of the ProPublica re - shot and killed Michael Brown. The demonstration was one of dozens around the porters said that the analysis focused country since August in response to several recent cases in which unarmed African-American males have been killed by white police officers, on recent years because “the disparity two of whom were not indicted. is growing.” 28 In addition to the killings of Brown then reportedly reaching for a toy pistol penalty to pulling people over, there are and Garner, other recent police-involved that resembled a real one. 29 (See side - significant racial disparities.” 30 deaths of African-Americans include: bar, p. 1044. ) The deaths above did not arise from • John Crawford III, 22, shot dead For many politicians and ordinary cit - drug cases, but drug enforcement usually by police in a Beavercreek, Ohio, Wal - izens, the deaths were only the latest comes up in discussions of police and mart, while talking on his cellphone illustrations of what they call police over- race. Police critics say drug-war tactics and walking the aisles holding a BB aggressiveness — if not hostility — when are one of the issues underlying the gun he had taken down from a shelf; it comes to black men. President Obama outcry over Brown’s death. “The war • Akai Gurley, 28, a resident of a is one of many to weigh in on the on drugs and war on crime have been Brooklyn public housing project, who topic. “Too many young men of color predominantly waged in racial and eth - was shot while walking down a darkened feel targeted by law enforcement,” Obama nic minority communities and too often stairway. Police called the shooting, by said in a speech to the Congressional against African-Americans,” Hilary Shel - a rookie officer, unintentional; and Black Caucus in September. “We know ton, the NAACP’s senior vice president • Tamir Rice, a 12-year-old Cleveland that, statistically, in everything from en - for advocacy, told the Senate Homeland boy who was shot after waving and forcing drug policy to applying the death Security Committee in September. 31

www.cqresearcher.com Dec. 12, 2014 1039 POLICE TACTICS

Police Say ‘Shoot to Wound’ Is Not an Option “If you point a gun at a police officer, you have punched your ticket.”

olice veterans are of one mind when someone — a shoot to wound “a fallacy.” politician, a journalist, a member of the public — asks Police officers can be poor shots, he points out, especially P why police don’t shoot to wound when they open fire, in highly stressful situations. The New York Police Department especially on an unarmed civilian. reported that in 29 incidents in which officers fired their weapons, Following the fatal shooting of Michael Brown by a Ferguson, they hit at least one of their targets in only 64 percent of their Mo., police officer, the question came from CNN anchor Wolf shots. And in one incident, nine bystanders were injured when Blitzer: “Why do they have to shoot to kill? . . . Why can’t police fired 16 rounds at a man who had killed his ex-boss they shoot to injure, shall we say?” 1 on a crowded sidewalk. 5 The question may seem reasonable — especially after an Richard Greenleaf, director of the criminal justice major at unarmed citizen dies in a police shooting. Elmhurst College in Elmhurst, Ill., recalls from his days as an Al - In 2010, following one such death, New York state Assembly - buquerque, N.M., police officer in the late 1970s and early ’80s woman Annette Robinson of Brooklyn proposed legislation that that colleagues who had been highly accurate shooters during would have required a police officer to use deadly force “with training “in a real situation would miss 80 percent of the time.” the intent to stop, rather than kill.” Robinson, who represents Greenleaf says he was a bad shot on the range. But one the largely African-American and low-income Bedford-Stuyvesant night in 1981, he faced a man with a .22-caliber pistol who area, said she was responding to what she called a disproportionate was running out of a convenience store he had just robbed. number of police shootings of black men. “I do know that it “I chased him to the back of the building,” Greenleaf says. “He happens, most often in the communities that I represent,” she turned; I said, ‘Oh, [no], he’s going to shoot. I managed to hit said, “and it happens too often.” 2 him twice in three shots. He died. I do believe that if he had Specifically, Robinson proposed the legislation in response killed me, he would feel less remorse than I feel.” to the 2006 shooting death of Sean Bell, killed on his wedding The next day, Greenleaf’s girlfriend reported that a man day by undercover police who thought — mistakenly — that walked into the bail bond company she ran and asked, “ ‘Why Bell and a friend, both black, were armed and about to commit didn’t that cop wound him?’ ” a drive-by shooting. 3 But the bill died in committee amid heavy Says Greenleaf: “His perception was that I should have shot ridicule from police organizations. 4 the gun out of his hand.” Police say officers in fast-moving confrontations have no At least one country, Israel, recognizes shooting to wound as time for precision shooting. “It works real well when you’re a tactic, at least for its military (human-rights activists criticize Israeli shooting at a piece of paper,” says Chuck Canterbury of Myrtle police for shooting to kill). 6 But specially trained Israel Defense Beach, S.C., president of the national Fraternal Order of Police Forces (IDF) troops must go to great lengths to make such shots, union. “We’re not snipers. We’re trained to point and shoot.” which is why those tactics would be impractical for police. The objective, former police officers say, is not to kill, but “It is 10 times harder to shoot someone in the leg than to to stop a threat to innocent human life. In practice, stopping simply kill him,” an ex-IDF sniper, using a pseudonym, wrote a threat means shooting at the biggest target, which is the torso, in a long account of lying in wait to wound a target at the what police trainers call the body’s “center mass.” border fence between Gaza and Israel. “The leg is narrow, Former Seattle Police Chief Norm Stamper, a liberal critic of easily concealed by the land and always moving.” 7 much police strategy, calls the idea that an officer can deliberately Moreover, the target must be standing. “If we shoot while

A leading African-American political “Both of them were victims of this eight days before Brown was shot. 33 figure, the Rev. Al Sharpton of New York, aggressive policing of alleged low-level In fact, Sharpton held a meeting in connected the deaths of Brown and Gar - crime,” Sharpton said. 32 Chicago last year to address gun vio - ner to police action against minor offenses. Sharpton’s role as a nationwide police lence in the city’s black neighborhoods. Brown died after being stopped for walk - critic is especially irritating to police And in speaking at Brown’s funeral, he ing in the street. The shooter, Officer who resent being portrayed as overly said: “We’ve got to be straight up in our Darren Wilson — who has resigned — focused on African-Americans. “Al Sharp - community, too. We have to be outraged said he believed Brown and a friend ton is a race-baiter,” says Canterbury at . . . our killing and shooting and running might have stolen cigarillos from a nearby of the FOP. He questioned why Sharpton around gun-toting each other.” 34 store, although police initially said Wilson hadn’t visited Chicago, where 10 other Poverty, not race, is what focuses didn’t know of that incident. black men were killed in crimes in the police attention on some communities,

1040 CQ Researcher he is sitting, the bullet could hit his thigh and kill him,” the should ensure that children know an essential fact of life: No ex-sniper wrote. Thigh wounds can involve the femoral artery, one seen to pose a mortal threat in the presence of police with fatal consequences. 8 should expect to walk away, or even to survive. U.S. police do have alternatives to guns, depending on the “If you point a gun at a police officer, you have punched circumstances. The Taser, a device that can temporarily disable your ticket,” Stamper says. “I don’t care if it’s a toy gun. At a an adversary with an electric discharge, is perhaps the most minimum you are going to get two shots to the chest.” widely known alternative. But Tasers can be problematic as well. Last March, an 18- — Peter Katel year-old Miami artist, Israel “Reefa” Hernandez, died after Miami Beach police shot him with a Taser. He had tried to run away 1 Quoted in Ahiza Garcia, “Wolf Blitzer: Why Can’t Ferguson Police Just after they saw him painting graffiti on a vacant building. The ‘Shoot To Injure?’ ” Talking Points Memo , Aug. 15, 2014, http://tinyurl.com/ p8bv42l. Miami-Dade medical examiner concluded that his heart failed 2 Quoted in Brendan Scott, “ ‘Don’t Kill’ Pol in a Cop-Out — Admits: I’m 9 after an “energy device discharge.” No Expert,” New York Post , May 26, 2010, http://tinyurl.com/ngaq6lx. In Albuquerque, a Justice Department investigation this year 3 “An act to amend the penal law, in relation to the use of deadly force into improper use of force concluded that officers “frequently by police officers,” New York State Assembly, Jan. 22, 2009, http://tinyurl. com/nbclrau; Murray Weiss, “Cops furious at ‘don’t kill’ bill,” New York Post , misused” Tasers against people who were merely ignoring orders May 25, 2010, http://tinyurl.com/m34xej8; Matt Flegenheimer and Al Baker, or who posed little danger. In one case, officers fired at a man “Officer in Bell Killing Is Fired,” The New York Times , March 23, 2012, who had doused himself with gasoline. The Taser discharges http://tinyurl.com/oy5792m. 4 10 “NY AO2952 — 2009-2010, General Assembly,” http://tinyurl.com/ndc3xe5. set him on fire, although he survived. Murray Weiss, “Cops furious at ‘don’t kill’ bill,” New York Post , May 25, 2010, Donald E. Wilkes Jr., an emeritus law professor at the http://tinyurl.com/m34xej8. University of Georgia, and Athens, Ga., lawyer Lauren Farmer 5 “Annual Firearms Discharge Report,” New York City Police Department, have compiled 618 media accounts of deaths apparently caused 2013, pp. 21, 27, http://tinyurl.com/mprloo3. 6 11 Edo Konrad, “Intellectuals call for investigation into police shooting of by police Taser discharges from 2001 through Oct. 13, 2013. Arab youth,” +972 Magazine , Nov. 13, 2014, http://tinyurl.com/pha8ktp. Police experts are unanimous that intensive training on when 7 Gershon Morris, “Israeli Sniper’s Anguished Look Into Crosshairs,” Jewish to use force is essential. Former Seattle chief Stamper cited a Daily Forward , March 21, 2014, http://tinyurl.com/mcr2vy7. rookie police officer’s fatal shooting in November of 12-year-old 8 Ibid. ; Ed Nowicki, “Training for Gunshot Wound Treatment,” Law and Order , April 2009, http://tinyurl.com/n8ashyf. Tamir Rice in Cleveland, Ohio. Rice had been waving a toy 9 Michael E. Miller, “Israel ‘Reefa’ Hernandez Died by Taser,” Miami New pistol. A video of the shooting — showing a police car driving Times , March 13, 2014, http://tinyurl.com/lz88jry; Michael E. Miller, “Teenager up next to the boy, who was shot two seconds later — demon - Israel Hernandez Dies after Miami Beach Cops Catch Him Tagging, Taser strates that the shooting never had to happen, Stamper concludes, Him,” Miami New Times , Aug. 7, 2014, http://tinyurl.com/mlwgmda. 10 “Civil Investigation of the Albuquerque Police Department,” U.S. Department saying the officer could have taken cover behind his car and of Justice, April 10, 2014, p. 3, http://tinyurl.com/n6bubpo; Patrick Lohmann, evaluated the situation more calmly. 12 “APD guilty of Taser abuse,” Albuquerque Journal , April 11, 2014, http:// “A more mature, experienced, confident police officer would tinyurl.com/kbsgmlg. 11 Donald E. Wilkes Jr. and Lauren Farmer, “Fatal Police Taserings, List and have better understood what he was facing,” Stamper says. Annexures,” December 2013, http://tinyurl.com/lnlsjh5. At the same time, he says Rice’s parents never should have 12 Emma G. Fitzsimmons, “Video Shows Cleveland Officer Shot Boy in 2 let him outside with a replica pistol, and schools and police Seconds,” The New York Times , Nov. 26, 2014, http://tinyurl.com/pajhjnl.

Canterbury says. “How about talking Some cities do deploy intensive pa - of young people, poor people, people about poverty-stricken communities? trols of poor neighborhoods, focusing of color apprehended, jailed — if not Whether they’re white, black, Hispanic, on violations that affect quality of life. imprisoned — as a result of low-level, when you have a neighborhood that But whether that so-called “broken win - nonviolent drug offenses.” has high unemployment, high infant dows” strategy reduces crime is a long- Race is an inescapable part of the mortality, a high percentage of people running, unresolved debate among picture, he argues. “We’ve ended up who are on public assistance or have criminologists. 35 with a lot of young people of color been on public assistance, when they Former Seattle police chief Stamper on street corners doing hand-to-hand don’t see any chance of getting out says police don’t get orders to round deals,” he says. “They’re low-hanging of their circumstances, drugs are the up African-Americans. However, “You fruit. You get a lot of complaints about only way they see to escape.” see wildly disproportionate numbers that behavior, and the police are called

www.cqresearcher.com Dec. 12, 2014 1041 POLICE TACTICS

and do buy-and-busts and scoop up — worn on officers’ bodies. Many body or dashboard cameras in recent hundreds of thousands of offenders police critics, and some officers, say years are: who fall into that demography.” the so-called “bodycams” offer a tech - • A Hamilton, Mont., police officer Moskos, of the John Jay College of nological solution to problems that in 2010 shot and killed a fleeing driver Criminal Justice, wrote about police and arise between police and citizens. who had fired on the officer during a race in a memoir about a year he spent “We won’t have to play this game routine traffic stop ( see sidebar, p. 1040 ); on the Baltimore police force patrolling of witnesses’ memories and secret grand • A New Mexico State Police officer poor African-American neighborhoods. jury procedures,” Benjamin Crump, the in 2013 shot at a minivan containing He rebuts what he calls the “standard lawyer for Brown’s family, said after the young children, hitting no one; liberal line” that black people are shot grand jury’s decision not to indict Wilson • Albuquerque Police Department because they’re black. 36 “A cop is not for Brown’s death, which was not record - officers in 2014 shot dead homeless, shooting a black person,” Moskos says. ed. “It would just be transparent, and mentally ill James Boyd, who the video “A cop is shooting a person because we could see it ourselves, and we could showed was preparing to surrender; he is afraid, justly or not.” hold people accountable when they • A Salt Lake City officer this year shot and killed a man reported to have a gun, who first refused to raise his hands, then lifted his shirt and reached for his waistband; he turned out to be unarmed. 39 Body cameras — attached to an of - ficer’s belt, lapel or helmet — were in - troduced in Britain in 2005. 40 In Rialto, Calif., citizen complaints against officers

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G with bodycams in September, after Denver police commander Magen Dodge displays a body camera during a press U.S. District Judge Shira Scheindlin conference on Aug. 27. Denver Police hope to equip 800 officers, including all ruled that the city’s police department patrol and traffic officers, with “bodycams” by 2015. Many police critics, and some officers, say the cameras can help resolve problems between was stopping and frisking a dispro - citizens and police. But some law enforcement officers worry they portionate number of black and Latino will have limited value, and possibly limit officers’ discretion. men, in violation of constitutional pro - tection s. 42 (See “Background,” p. 1050. ) Do body cameras prevent police have interactions with citizens.” 37 Experts caution that good results misconduct? Obama embraced the growing move - from cameras depend on how depart - Aside from race, another thread run - ment calling for more bodycams, propos - ments use them — including specifying ning through controversies over police ing spending $75 million over three years what kind of encounters should not tactics has been the explosive growth to provide up to 50,000 of the devices be recorded, keeping a camera on until of documentary evidence in the form for local police departments. Technology, an interaction is over and obtaining of digital imagery — still and video. he said, can “enhance trust between consent to record crime victims. 43 Some of this video evidence comes communities and the police.” 38 In Albuquerque, where officers from police cameras, mounted on squad Among the police-citizen encounters, beg an wearing lapel or belt cameras in car dashboards or — more recently some fatal, captured on video from 2010, the Justice Department found un -

1042 CQ Researcher systematic use. “We . . . reviewed numerous reports where offices and supervisors on Blacks Rate Police Poorly for Use of Force the scene failed to turn on their lapel Seven in 10 black Americans say police do a poor job of holding cameras or belt tapes,” the department other officers accountable for misconduct and treating racial and said in a highly critical assessment of the ethnic groups equally. Additionally, 57 percent of blacks say police department earlier this year. 44 Indeed, shortly after the Justice De - do a poor job of using the right amount of force. By comparison, partment issued its report, an Albuquerque only about one-quarter of whites say police do a poor job of holding officer shot and killed 19-year-old Mary officers accountable, treating racial groups equally and using the Hawkes, claiming the suspected truck right amount of force. thief had pointed a pistol at him during a foot chase. The officer, Jeremy Dear, Views on Police Job Performance, by Race, 2014 was wearing a camera, but no video of the shooting could be found. 45 How well do you think police: In early December, the Albuquerque department fired Dear for “insubordina - Hold other officers accountable for misconduct? tion,” saying he had not complied with a policy to record all interactions with citizens. Officials said Dear claimed he White had turned on the camera, but the camera Black manufacturer said it couldn’t determine if the device malfunctioned, if Dear had 0% 20 40 60 80 100 turned it off or had never turned it on. (Percentages) Dear also had failed to record two pre - vious incidents, police said. His lawyer, Treat racial and ethnic groups equally? Thomas Grover, said Dear hadn’t been told of the recording policy. 46 Moskos at John Jay College of White Criminal Justice said in an era of Black ubiquitous cellphone cameras, depart - ments need to keep up with the times. 0% 20 40 60 80 100 “Often on these scenes, cops are the (Percentages) ones without cameras,” Moskos says, which argues for police having their Use the right amount of force for each situation? own — perhaps more complete — record of an incident. White Nevertheless, police suspicion of cameras is understandable, Moskos says Black “I think it’s going to limit police dis - cretion,” he says. “Sometimes you just 0% 20 40 60 80 10 0 cut a guy a break. [But] what if that (Percentages) guy then goes out and kills someone?” Police union president Canterbury * Totals may not add to 100 percent because of rounding. Excellent cites research by a private firm in Source: “Few Say Police Forces Nationally Do Well in Treating Good Mankato, Minn., that provides expert Races Equally,” Pew Research Center, Aug. 25, 2014, Fair Poor testimony in lawsuits against officers http://tinyurl.com/lgh86qc and police departments. Cameras re - spond better to dim light, for instance, He also cautions that citizens should the public uncomfortable?” he asks. than the human eye. But recording realize that a lot of police video, in - “Absolutely.” And confidential witnesses speed is slower than the eye. 47 “There cluding interviews with witnesses, will could be identified. are things an officer may see that the be public record and available to the Former Seattle police chief Stamper, camera won’t,” Canterbury says. media. “Will they make members of who originally opposed body cameras

www.cqresearcher.com Dec. 12, 2014 1043 POLICE TACTICS

ing, already enjoyed a cooperative re - lationship. The agencies had received surplus military helicopters, handheld radios and other devices from World War II and the Korean War. 51

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A ington and Chicago in 1968 after the Looters flee with stolen shoes during widespread rioting in South-Central Los assassination of the Rev. Martin Luther Angeles on April 30, 1992. The riots were sparked by the acquittals of three 53 white police officers accused in the videotaped beating of black motorist Rodney King Jr. In the Watts section of Los King; the jury deadlocked on a fourth officer. More than 60 people died during Angeles (and later in Detroit), residents the five days of rioting. Later that year, two of the officers were convicted of protesting police tactics shot at police, federal charges of violating King’s civil rights; two were acquitted. troops and firefighters. Police thinking was also influenced and now supports them, warns that force laws on U.S. soil. by a 1966 massacre at the University they may pose serious complications The Posse Comitatus Act of 1878 of Texas, Austin, in which a student, for officers and, indirectly, for citizens. placed limits on when the military could a Marine veteran, shot 43 people from “Assume you’re working for a hard- be used to enforce state or federal laws. the campus clock tower, killing 13. ass sergeant who’s all about numbers, It also prohibited the military from par - The sniper episode, coupled with the numbers, and you’re a cop who’s com - ticipating in emergencies, except when urban unrest, prompted the Los Angeles munity-oriented, committed to solving specifically authorized. 48 (State National Police Department in 1967 to form the landlord-tenant disputes, [and] you Guard forces, first formally established country’s first SWAT team. 54 spend time talking with people,” Stam - in 1824, represented an exception, be - The team came to public attention per says. “And you’ve got all this on cause they are under both federal and during a search-warrant raid on a Black film and the sergeant says, ‘You want state authority; governors can deploy Panther Party headquarters in Los Angeles to be social worker or a cop?’ ” them to deal with natural disasters and that resulted in a four-hour-shoot-out With greater use of cameras inevitable, civil disorders) . 49 with armed occupants (no one was citizens and police will have to adjust, Nearly 80 years after Congress passed killed). 55 experts say. “They’re going to have to the Posse Comitatus law, President come to the realization that no matter Dwight D. Eisenhower federalized the how good the camera, it can’t incorporate Arkansas National Guard and ordered War on Drugs everything,” Stamper says. the 101st Airborne Division to Little Rock, to enforce a high school deseg - s the Los Angeles innovation drew regation opposed by mobs of white A growing interest from other police segregationists. He acted under a law departments, the country was entering BACKGROUND authorizing the military to take the the early stages of what became known place of local police if they could not as the “war on drugs.” (President protect individuals or if federal law Richard M. Nixon, widely credited as was being violated. 50 the author of the phrase, was more Troops in the Streets Although the Army in that case was specific, declaring “war against heroin sent in to do a job that police wouldn’t addiction.” ) 56 ong before police militarization be - or couldn’t perform, the Defense De - Legislatively, the war began when L came a widely discussed issue, the partment and local and federal law Congress — pushed by the Nixon ad - military was used, on occasion, to en - enforcement agencies, broadly speak - Continued on p. 1046

1044 CQ Researcher Chronology

1989 2007 1957-1969 Mili - Congress authorizes Defense De - At least 80 percent of police de - tary forces quell civil rights partment to fund National Guard partments have SWAT teams. conflicts and urban uprisings, drug enforcement programs. under exception to law barring 2009 domestic use of armed forces. • Outrage follows video of transit officer shooting unarmed, prone 1957 young man in Oakland, Calif., President Dwight D. Eisenhower sends 1990-1999 subway station. Army troops to Little Rock, Ark., to Military-police cooperation enforce school desegregation. broadened. 2011 Justice Department concludes that 1966 1990 Maricopa County, Ariz., sheriff’s U.S. Marine veteran shoots 43 Congress begins formal program of department practices racial profiling people, killing 13, from clock providing milit ary equipment to police and other unconstitutional actions, tower at University of Texas at departments for use in drug enforce - in one of about 20 investigations Austin, prompting early fears of ment, later known as 1033 program. of U.S. police misconduct. mass shootings. 1992 2013 1967 Massive, deadly riots break out in Bill de Blasio elected mayor of Army sent to Detroit to quell urban South-Central Los Angeles following New York City after opposing uprising. . . . Los Angeles forms acquittal of four police officers “stop-and-frisk” searches that dis - the first police special weapons charged with brutal beating of black proportionately affect young black and tactics (SWAT) team. motorist Rodney King — a beating and Latino men. captured on video that was widely • replayed on TV. 2014 After 27 fatal shootings and other 1996 violent episodes by Albuquerque, 1970-1989 Drug Congress removes requirement police N.M., Police Department since war starts; military-law en - use surplus military equipment only 2010, Justice Department reports forcement cooperation grows. in drug enforcement operations. that the department has violated constitutional limits on use of 1970 1999 force. . . . Flash-bang grenade use Congress authorizes “no-knock” Demonstrations against World Trade in SWAT raid in Cornelia, Ga., searches when police suspect evi - Organization meeting in Seattle met gravely injures infant. . . . Video dence could be destroyed if officers by forceful police response, includ - captures police chokehold death announce themselves. ing mass arrests and rubber bullets. of Eric Garner in Staten Island, . . . In notorious school shootings, N.Y. . . . Ferguson, Mo., police of - 1971 two students attack Columbine High ficer shoots unarmed 18-year-old Armed forces and civil law en - School in Colorado, leaving 13 dead. Michael Brown, sparking violent forcement agencies begin cooper - protests there and nationwide. . . . ating in drug enforcement, includ - • Military gear deployed against Fer - ing small-scale loans of military guson demonstrators prompts con - equipment and personnel. gressional hearing on 1033 pro - 2001-Present gram and police militarization. . . . 1974 Counter-terrorism duties assigned St. Louis County, Mo., grand jury Reports of abusive police searches to police departments as a re - declines to indict police officer prompt repeal of “no-knock” pro - sult of 9/11 attacks. Darren Wilson in death of Brown, vision. leading to widespread protests and 2005 some violence and arson. . . . 1981 State Department calls “domestic pre - Cleveland police officer fatally Congress requires that the military paredness” against terrorism a “staple shoots 12-year-old boy brandishing hunt drug smugglers. of law enforcement operations.” a toy pistol.

www.cqresearcher.com Dec. 12, 2014 1045 POLICE TACTICS

Police Face Danger in Everyday Situations Even routine traffic stops can suddenly turn deadly.

ric Frein allegedly lay in wait outside the Pennsylvania State Ill., Major Crimes Task Force and now owner of Lifeline Training, Police Troop R building in Blooming Grove, holding a .308 a company that runs instructional programs for police, says seemingly E caliber rifle with a scope. At about 10:50 p.m. on Sept. 12, ordinary police business can hold the most danger. “We’re not when Cpl. Bryon Dickson was leaving the building in uniform, getting shot at bank robberies, really,” he said. “We’re getting shot his colleagues inside saw him suddenly drop to the ground. 1 at during bike theft investigations, traffic stops, evictions.” 6 A 38-year-old Marine Corps veteran, Dickson was dead at A video taken by a police officer’s dashboard-mounted camera the scene. Trooper Alex Douglass, one of the officers who tried and widely circulated in police circles shows a 2010 traffic stop to help him, was shot in the pelvis. 2 in Hamilton, Mont. “How’s it going tonight?” Officer Ross Jessop The ambush prompted a 48-day manhunt for Frein, who asked as he stepped up to the window of an SUV. After the was captured on Oct. 30. 3 Pennsylvania prosecutors said Frein conversation with driver Raymond Davis took a less friendly confessed to killing Dickson, calling the act an “assassination,” turn, Jessop asked, “How much have you had to drink tonight?” though seemingly not aimed at any officer in particular. In a “Plenty,” Davis replied. Seconds later he pointed a revolver out message to his parents that police reported finding on his com - the window, fired and then drove away. Jessop, who wasn’t hit, puter, Frein wrote: “The time seems right for a spark to ignite shot 14 rounds at the vehicle, one of which killed Davis. A six- a fire in the hearts of men.” 4 person coroner’s inquest jury later found the shooting justified. 7 Dickson never had a chance. But in Columbia, S.C., former State Police Lance Cpl. Sean His killing underscores the risks police officers face daily, even Groubert has been charged with aggravated assault and battery in environments that seem completely safe — including their after shooting Levar Jones during a traffic stop in September. own headquarters, as the Pennsylvania case illustrated. Experts That encounter, also captured on Groubert’s dashboard camera, say constant danger is one reason many law enforcement officers made equally dramatic viewing. see potential threats lurking even in the most routine encounters, As the two men stood outside Jones’ SUV at a gas station, a sense of constant peril that can lead to misjudgments. Groubert said, “Your license, please.” Jones immediately turned “Officer safety does matter,” says Peter Moskos, an associate and leaned far into his car. As soon as Jones straightened up, professor in the Department of Law, Police Science and Criminal Groubert fired at least four shots in rapid succession. Justice Administration at the John Jay College of Criminal Justice Jones, on the ground, sounding stunned and in pain, yells, in New York and a former one-year member of the Baltimore “I just got my license! You said get my license!” 8 Police Department. “But the job does have risks. If you always “Well, you dove head-first back into your car,” Groubert said. wanted to be safe, you’d never leave the police station.” “I’m sorry,” said Jones, who survived the gunshot in his hip . 9 Statistically, officer fatalities have decreased since their post- A year earlier, Groubert and his partner had been shot at by a World War II peak of 280 in 1974. By late November this year, man in an incident that also began as a routine traffic stop. The two 113 officers had been killed or died in the line of duty (42 of officers, who returned the man’s fire, wounding him, received com - them in traffic accidents). That figure was up from 100 in 2013, mendations for valor for their actions during the confrontation . 10 according to the National Law Enforcement Officers Memorial Referring to the September shooting of Jones, Chuck Can - Fund, a Washington-based group that keeps records on police terbury, president of the Fraternal Order of Police union and deaths dating back to 1791. 5 a retired Conway, S.C., police officer, says, “The guy did make James Glennon, a former commander in the DuPage County, a quick turn and go into the car.” Noting that Groubert had

Continued from p. 1044 thorization after a series of drug raids 1984 Supreme Court ruling, even when ministration — passed the Comprehen - led to violence and abuse by police, a search was found to be constitutionally sive Drug Abuse Prevention and Control triggering a political scandal. 58 unjustified, evidence seized can still be Act in 1970. Among other things, it au - Nevertheless, starting in the 1980s, used against defendants. 59 thorized “no-knock” searches if police police conducting raids could obtain The military and police had begun believed that evidence might be destroyed authorization not to announce they were cooperating in drug enforcement cases — which came to be interpreted as any at the door. In the 1990s, the U.S. in the 1970s, a development that would drug raid on a house. The measure Supreme Court upheld no-knock search - reverberate decades later. From 1971 would prove crucial to the development es, ruling that the Fourth Amendment’s to 1981, the Army, Air Force and Navy in smaller cities of SWAT teams as door- protection against “unreasonable search - carried out 140 joint missions with civil - battering search units. 57 Four years later es and seizures” did not flatly rule out ian law enforcement agencies and fre - Congress repealed the “no-knock” au - unannounced searches. And, under a quently provided “minor assistance,”

1046 CQ Researcher come under fire before, he added, “If you’ve not been in a situation where someone pulled a gun on you . . . I will never r

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But David Klinger, a professor of criminal justice at the Uni - a t versity of Missouri-St. Louis, said after the shooting that it could e B

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11

reach into the vehicle. . . . And then it’s not a big issue.” y t t

As in many other police-citizen encounters that end badly, race e G was part of the discussion. Groubert (who was fired and charged Eric Frein has been charged in the death of a 12 with aggravated assault and battery) is white and Jones is black . Pennsylvania State Trooper last Sept. 12 in an ambush Gloria Browne-Marshall, a constitutional law professor at that underscored the daily risks faced by police. John Jay College of Criminal Justice, said, “It was almost as Frein was captured after a 48-day manhunt. though the officer wanted to stop the man, anyway found a 5 “Preliminary 2014 Law Enforcement Officer Fatalities,” “Officer Deaths by reason to stop him.” (Groubert had said he stopped Jones for Year,” National Law Enforcement Officers Memorial Fund, updated regularly, not wearing a seatbelt, but Jones said he removed it because http://tinyurl.com/2b7co8f. he was pulling into the gas station.) “Deadly force is . . . 6 Quoted in Crawford Coates, “Policing at the Level of Instinct,” Calibre happening when there’s an African-American male.” 13 Press, Sept. 30, 2014, http://tinyurl.com/oa534bd. 7 “Montana Officer Under Fire at Traffic Stop,” LawOfficer, May 24, 2012, Leroy Smith, director of the South Carolina Department of http://tinyurl.com/n5d92rn; Perry Backus, “Hamilton officer cleared in fatal Public Safety, called the shooting an “isolated incident.” South shooting during January traffic stop,” Missoulian , April 14, 2010, http:// Carolina State Rep. Joe Neal, former chairman of the Legislative tinyurl.com/oeh75ob. 8 Black Caucus, said the criminal charge against Groubert would John Monk, “Video Released: SC trooper charged with felony shooting at traffic stop over seat belt violation,” The Charlotte Observer , Sept. 25, 2014, lessen African-American anger over the shooting. “This is a http://tinyurl.com/l5n86qd. good exercise in how the system can work,” he said. 14 9 Ibid. 10 Jason Hanna, Martin Savidge and John Murgatroyd, “Video shows trooper — Peter Katel shooting unarmed man, South Carolina police say,” CNN, Sept. 26, 2014, http://tinyurl.com/k8tyvs5. 11 “Transcript: Taking A Close Look at America’s Police Force,” WBUR, On 1 “Affidavit of Probable Cause,” Commonwealth of Pennsylvania, Pike County, Point with Tom Ashbrook, Oct. 1, 2014, http://tinyurl.com/ljmq7x7. Oct. 8, 2014, Docket Number CR-207-14, http://tinyurl.com/mcmmbyc. 12 John Monk, “Video Released: SC trooper charged with felony in shooting 2 Ibid. at traffic stop over seat belt violation,” The Charlotte Observer , Sept. 25, 2014, 3 “Eric Frein, Accused Killer of Pennsylvania Trooper, Arrested Using Slain http://tinyurl.com/mwberxs. Officer’s Handcuffs,” CNN Wire, Oct. 30, 2014, http://tinyurl.com/ltgknn2. 13 “Transcript: . . .,” op. cit. 4 Quoted in Pamela Lehman and Laurie Mason Schroeder, “Eric Frein in 14 Quoted in ibid. ; Cliff Leblanc, “Officials’ silence on trooper shooting fuels letter to mom and dad calls for ‘revolution,’ ” Morning Call , Nov. 13, 2014, anger, suspicion, demands for accounting,” The State , Sept. 9, 2014, http:// http://tinyurl.com/mb9n29q. tinyurl.com/lolqp6b. such as training, helping to transport in the air and to open military intel - support services totaled $30 million suspected drug smugglers and lending ligence files to police departments. 61 in 1996-98. 62 equipment and personnel, according The pace of military aid and equip - The military established a commu - to the nonpartisan Government Ac - ment transfers to law enforcement in - nications network for police in Al - countability Office (GAO), then known creased in the ensuing years. In 1989, abama, Georgia, Louisiana and Mis - as the General Accounting Office. 60 Congress authorized the Defense De - sissippi to exchange and analyze During the Reagan administration, partment to fund state National Guard counterdrug intelligence. It also pro - Congress brought military and police drug enforcement programs. And law vided $96 million in technology and work into closer quarters. The Military enforcement agencies at all levels, in - equipment to state and local agencies; Cooperation With Law Enforcement Act cluding federal, could take “counter - the equipment included cryptological, of 1981 ordered the armed forces to drug” training at National Guard night-vision and chemical analysis de - track suspected smugglers on sea and schools. Defense spending on such vices and instruments. 63

www.cqresearcher.com Dec. 12, 2014 1047 POLICE TACTICS

Drawing Fire

n the 1990s, military-style law en - I forcement operations became more controversial, particularly after two high- profile incidents — one in Ruby Ridge, Idaho, and one in Waco, Texas — in - volving federal agents. The first incident involved a siege on the property of right-wing survivalist

m Randy Weaver, who was indicted in a L 1991 on a federal firearms charge after n e

h he refused to become an informant in p e

t a Bureau of Alcohol, Tobacco and S /

s Firearms (ATF) investigation of a white e

g 64

a supremacist group. m I

In 1992 federal agents were watching y t t

e Weaver’s property in a rural area of G Idaho known as Ruby Ridge. After Weaver’s dogs began barking a gunfight broke out in which a deputy marshal and Weaver’s 14-year-old son were killed. FBI snipers wounded a friend of Weaver’s and killed Weaver’s wife, who was inside the cabin. 65 A Justice Department investigation later conclud - ed that the rules of engagement guiding the snipers were unconstitutional. 66

r The following year, an ATF attempt u c

n to serve an arrest warrant on a compound a t

e near Waco, Texas, occupied by the Branch B

a Davidian religious sect led to a gunfight n e

K in which four agents were killed, 16 / s were wounded and an unknown number e g

a of compound residents were wounded m I

y or killed. A subsequent 51-day siege t t

e ended after Attorney General Janet Reno G authorized the FBI to fire tear gas into Citizen Anger the compound. The Branch Davidians Police in Berkeley, Calif., clash with protesters on the fourth night of responded by setting fires within the demonstrations sparked by recent grand jury decisions in police- property, which eventually killed most involved deaths of African-American males (top). On Dec. 6, a man of the 75 people inside, according to demands justice during the funeral service for Akai Gurley, an unarmed 28-year-old African-American man shot to death in a dark stairwell of the Justice Department and some fire a Brooklyn housing development by a rookie Asian-American police consultants . 67 officer on patrol. He said his gun discharged unintentionally (bottom). Six years later the FBI revealed that Outrage spread across the political spectrum when a New York grand it had fired explosive, “pyrotechnic” tear jury did not hand up an indictment in the death of cigarette seller Eric gas rounds, whose hot canisters can Garner, who was videotaped being wrestled to the ground by police officers and held in a chokehold. Calling the non-indictment “totally cause fires, into the compound during incomprehensible,” conservative Washington Post columnist Charles the final assault. But an independent Krauthammer said on Fox News, “The guy actually said, ‘I can’t breathe.’ ” follow-up report said those munitions did not start the fatal fires . 68

1048 CQ Researcher That early instance of the use of the help to keep up with criminals military-style munitions followed a and drug smugglers, who themselves New Tensions national lesson in the power of civilian were increasingly getting their hands technology. In 1991, a man with a on military gear. “Narcotics traffickers he events of Sept. 11, 2001 — the videotape camera recorded the furious and smugglers use bulletproof vests, T first mass-casualty terrorist strike by beating of a Los Angeles motorist electro-optic devices that enable them a foreign organization in the United who had tried to flee officers after to see at night and semiautomatic and States — marked an entirely new de - being stopped for driving about 100 even automatic weapons,” making the velopment in relations between Amer - mph. Rodney King, the man who fled transfer of military equipment to local ican police and citizens. In the after - and was caught, was kicked, hit with law enforcement all the more necessary, math police departments nationwide, batons and fired on with a Taser, in the institute concluded . 74 prompted by the federal government, vivid footage replayed endlessly on television . 69 Four officers were indicted in con - nection with the beating and their trial moved to the predominantly white

r

e town of Simi Valley. In 1992, three h

c

a

were acquitted, and the jury deadlocked m

t on the fourth. That decision set off u

H

e five days of riots and looting in South k

i

M

Los Angeles in which more than 60 /

e

l people died, 10 of them shot by law g

a

E en forcement officers, and the others vic -

a

t

i tims of rioters and of riot-related events h

c

i

such as trying to put out a rioter-caused W

e fire, or a traffic accident at an intersection h

T

70 / whose lights had failed . s

e

g

Later that year, a federal grand jury a

m

I

indicted the four officers for violating y

t

t

King’s civil rights. Two were acquitted; e

G the other two were convicted at trial SWAT team members prepare to arrest suspects believed to be armed in a house and sentenced to 30 months in prison. in Wichita, Kan., on Jan. 9, 2013. Critics of SWAT teams say they are overused, In a civil trial, a federal court awarded mostly to serve search and arrest warrants. But supporters say heavily armed King $3.8 million in compensatory dam - SWAT teams are necessary because of the nation’s widespread gun ownership. ages from the city of Los Angeles. 71 The 1990s also saw cooperation In 1997 Congress reauthorized the added counterterrorism to their re - between the military and the police surplus equipment transfer system — sponsibilities. become formalized, especially in coun - now renamed the 1033 program — and “The continued threat of terrorism terdrug activities. In the 1990-91 Defense removed the requirement that the equip - has thrust domestic preparedness oblig - Authorization Act, later continued until ment be used only in drug enforcement. ations to the very top of the law en - 1996, Congress authorized transfers of However, Congress said it preferred that forcement agenda,” a 2005 State Depart - excess military gear — including loaned the gear be used for counterterrorism ment report concluded. “This capacity pistols and rifles and ammunition and and antidrug activities . 75 must be considered . . . a staple of law gifts of non-military equipment — to During the same period, the Clinton enforcement operations.” 77 The Home - state and federal agencies for drug en - administration sent American troops on land Security Department began providing forcement. 72 peacekeeping missions in Somalia, Haiti, grants to local police departments for Meanwhile, the Justice and Defense Bosnia and Kosovo, with orders to limit antiterrorism equipment and training. By departments in 1994 established a tech - harm to civilians and property. As a fiscal 2014, the program was totaling nology-sharing program. 73 The Na - result, the armed forces developed an nearly $2 billion a year . 78 tional Institute of Justice cited several interest in nonlethal weapons, leading Meanwhile, one theoretically nonlethal reasons for the deal — one was that to production of the flash-bang grenades weapon developed under a Defense- local law enforcement agencies needed that SWAT teams now use . 76 Justice program — flash-bang grenades

www.cqresearcher.com Dec. 12, 2014 1049 POLICE TACTICS

— was proving problematic in civilian quickly respond to sudden attacks that that officers are conducting stops in a use. Donald Wilkes Jr., a law professor threaten large numbers of lives. 82 racially discriminatory manner,” she emeritus at the University of Georgia, In the United States, images of police wrote in her decision. 83 compiled — using 2003 Appellate Court in tactical uniforms, carrying automatic By the time de Blasio took office, decisions and media reports — a list rifles, became common in coverage, use of the tactic had begun to fade, of 39 incidents dating back to 1984 such as in the response to a 2012 mas - The New York Times reported in a data involving injuries and death from these sacre at Sandy Hook Elementary School analysis. Police reported 33,699 stops grenades in SWAT raids. 79 in Newtown, Conn., and in the manhunt in the second half of 2013 — less than Three other developments after 9/11 that followed a 2013 bombing during 10 percent of the 337,410 recorded in have influenced the debate over police the Boston Marathon. the first half of 2012. But the videotaped strategy and tactics: At the same time, controversy con - death of cigarette seller Garner in an • A large increase in the number tinued to grow over police conduct in apparent police chokehold indicated to of prison inmates since the 1980s has minority communities. In a big-city elec - many that questionable police conduct prompted growing criticism of manda - tion that received extensive coverage didn’t end with de Blasio’s election . 84 Police behavior is also a major factor in other cities. The Obama adminis - tration’s Justice Department has opened more than two dozen investigations

h

s into possible civil rights violations by

l

a

W police departments in recent years after

.

D

questions arose about whether police

l

r a resort to force unnecessarily. ( See “Cur -

C / 85

d

l rent Situation,” p. 1052. )

a

r

e The crucial event touching off the

H

s recent national debate over police tactics

s

e r occurred Aug. 9 in Ferguson, Mo., when

P

d then-Officer Wilson shot Brown during

n

a l 86

t

r a violent street confrontation. By all

o

P accounts, the conflict began inside Wil -

/

s

e son’s patrol vehicle and continued with

g

a

m both men outside the car. According

I

y

t

t to conflicting accounts, Brown was either

e

G charging the officer or raising his arms Critics see the use of Pentagon equipment, such as this mine-resistant ambush in surrender. 87 protected vehicle in Sanford, Maine, as unnecessary, especially by small police The latter account gave rise to the departments. But supporters say the vehicles serve many purposes, including disaster relief. In the past eight years, the Defense Department has distributed widely adopted slogan and arm gesture more than $1.5 billion worth of surplus equipment to local police, mainly of protesters in Ferguson and elsewhere: vehicles, aircraft and communications and detection equipment. “Hands up — don’t shoot.” 88 Brown’s death set off weeks of street tory sentencing laws, especially for nationwide, liberal Bill de Blasio was protests in Ferguson, including looting nonviolent drug crimes. 80 elected mayor of New York, in part and vandalism by a minority of demon - • The emergence of digital video because he attacked the police depart - strators, as well as tear gas and rubber technology, the proliferation of smart - ment’s controversial “stop-and-frisk” tac - bullets from police. As conflict worsened phones and security cameras and the tics, which disproportionately affect between police outfitted with military rise of social media have led to a black and Latino young men, according garb and equipment and increasingly spate of videos posted online depicting to evidence from police data used by bitter and angry demonstrators, Missouri sometimes deadly police-citizen con - U.S. District Judge Scheindlin in ruling Gov. Jay Nixon put Highway Patrol frontations. 81 that the application of the stop-and- Capt. Ronald S. Johnson in charge of • A growing number of “active shoot - frisk program — though not the tactic the law enforcement response in Fer - er” events in schools and public places itself — was unconstitutional. guson. Johnson, an African-American, has made police departments of all “The city’s highest officials have set a new tone by marching with sizes aware of the need to be able to turned a blind eye to the evidence Continued on p. 1052

1050 CQ Researcher At Issue:

Areyes U.S. police departments becoming dangerously militarized?

PETER B. KRASKA CHARLES “SID” HEAL PROFESSOR , S CHOOL OF JUSTICE STUDIES , RETIRED COMMANDER , S PECIAL ENFORCE - UNIVERSITY OF EASTERN KENTUCKY MENT BUREAU , L OS ANGELES SHERIFF ’S DEPARTMENT ; R ETIRED U.S. M ARINE FROM WRITTEN TESTIMONY TO THE SENATE CORPS CHIEF WARRANT OFFICER COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS, SEPT. 9, 2014 WRITTEN FOR CQ RESEARCHER , DECEMBER 2014

he research I’ve been conducting, since 1989, has docu - he allegation of militarization of U.S. police departments mented quantitatively and qualitatively the steady and cer - ignores the extremely diversified and highly segmented na - tain march of U.S. civilian policing down the militarization t ture of local law enforcement. Each of the nearly 18,000 t local agencies is independent and governed only by the laws of continuum — culturally, materially, operationally and organizationally. This is not to imply that all police — nearly 20,000 unique depart - the land and the communities they serve. Even the most wide - ments — are heading in this direction. But the . . . evidence spread and notorious examples fail to reflect the attitudes of the demonstrates a troubling and highly consequential overall trend. law enforcement community at large. What we saw played out in Ferguson was the application How does equipment or training or appearance make our of a very common mindset, style of uniform and appearance protectors dangerous? Weapons and equipment are inanimate and weaponry, used every day in the homes of private resi - objects. Complaints that they are too “militaristic” in appearance dences during SWAT raids — some departments conducting as is like complaining a welder’s helmet is ugly or atrocious. All many as 500 of these a year. workers are entitled to the tools and protective gear needed Only 20 years ago, forced investigative searches of private for the hazards they confront. residences, usying the militarey special-opes rations model employed The so-calledn 1033 program foo r providing surplus equip - during hostage rescues, was almost unheard of and would have ment to law enforcement agencies is periodically reviewed, been considered an extreme and unacceptable police tactic. It is but the hyperbole and mischaracterizations used to challenge critical to recognize that these are not forced-reaction situations it obfuscate meaningful scrutiny. Lack of availability of essen - necessitating use-of-force specialists; instead they are the result tial equipment from military sources will require replacement of police departments choosing to use an extreme and highly through costly civilian manufacturers. dangerous tactic, not for terrorists or hostage-takers, but for Many of the criticisms that drive the current controversy small-time drug possessors and dealers. were first expressed by law enforcement. Corrective measures Of course a militarized response is sometimes necessary should be based on measurable attributes rather than biased and even unavoidable if done in self defense or to protect perceptions to avoid the narrow-minded “baby and the bath - lives in imminent danger. The bulk of U.S. SWAT activity . . ., water” demands suggested by extremists. however, constitute a proactive approach. Numerous depart - The counter-terrorist mission thrust upon domestic law en - ments are choosing, based no doubt to an extent on political forcement as a result of the 9/11 attacks was neither sought pressures, to generate on their own initiative high-risk events. nor welcomed. Furthermore, this new responsibility was “in I also learned that the paramilitary culture associated with addition to” and not “instead of.” The law enforcement and se - SWAT teams is highly appealing to a certain segment of civilian curity resources required by the U.S. Department of Homeland police. . . . As with special-operations soldiers . . ., these units’ Security specifies weapons, equipment and protective clothing members saw themselves as the elite police, involved in real that is basically identical to that required by military organiza - crime-fighting and danger. A l arge network of for-profit training, tions. Failing to provide these because of their appearance or weapons and equipment suppliers heavily promotes paramilitary origin is both abhorrent and stupid. The tools used to fight the culture at police shows, in police magazine advertisements and “war on crime” are inadequate to fight the “war on terrorism.” in training programs sponsored by gun manufacturers. . . . The The use of SWAT teams to serve high-risk warrants is not “military special operations” culture — characterized by a distinct based on race, culture or type of crime but rather dangerous techno-warrior garb, heavy weaponry, sophisticated technology, criminal behaviors. Criminals and terrorists have increasingly hyper-masculinity and dangerous function — was nothing less equipped themselves with high-powered weapons, explosive than intoxicating for its participants. devices and protective armor and enjoy the advantages pro - Military gear and garb changes and reinforces a war-fighting vided by choosing the time, location and circumstances for mentality among civilian police, where marginalized populations their nefarious activities. The self-appointed carpers who over - become the enemy and the police perceive of themselves as simplify and ignore the perilous realities of underestimating the thin blue line between order and chaos that can only be adversaries have been bereft of viable alternatives. controlno led through military-model power. www.cqresearcher.com Dec. 12, 2014 1051 POLICE TACTICS

Continued from p. 1050 “to make sure that we’re not building grenade launchers, armed drones, ar - demonstrators, dressed in his standard uni - a militarized culture inside our local mored vehicles and grenades or other form — no combat fatigues or helmet. law enforcement.” 90 explosives. Some of this material may “We are going to have a different In Congress, even in a highly po - already be blocked for police use. Current approach and have the approach that larized political environment, bipartisan law, for instance, restricts weapons of we’re in this together,” he said. 89 efforts are emerging to put more con - more than 7.62 mm caliber, such as the AK-47 assault rifle . 93 And the bill would end a require - ment that police departments use De - fense Department equipment within one year of receiving it. In the legislators’ view, that encourages departments to use the gear inappropriately. In the Senate, which will turn to Re - publican control next year, the sponsor of an identically titled bill on 1033 is Sen. Tom Coburn, an Oklahoma Republican.

m In a September hearing on the 1033 pro -

a

L

n gram he said: “Our Founders saw no

e

h role for the federal government in state

p

e

t

S and local police forces. We’re on dangerous

/

s

e ground of undermining the very principles

g a that built the country.” 94

m

I

y

t

t

e

G U.S. Attorney General Eric Holder embraces Missouri State Highway Patrol Troubled Cities Capt. Ronald Johnson in Ferguson, Mo., on Aug. 20. Holder went to the troubled community to oversee the federal government’s investigation into the shooting of New York grand jury’s decision on 18-year-old Michael Brown by a police officer on Aug. 9. Johnson was widely credited with trying to defuse tensions through A Dec. 3 not to indict the police officer non-confrontational negotiations with protesters. whose chokehold led to cigarette seller Garner’s death set off the second wave trols on the program. In the House, of autumn protests over police conduct. Democrat Hank Johnson of Georgia “I can’t breathe,” marchers chanted CURRENT and Republican Raul Labrador of Idaho in New York, echoing Garner’s final are pushing their Stop Militarizing Law words, captured on cellphone video. SITUATION Enforcement Act of 2014, which would Demonstrators also took to the streets limit the kinds of equipment the Pen - in Oakland and Los Angeles, Calif., tagon can give or lend to law enforce - following the grand jury’s no-indictment ment agencies. Labrador said the 1033 of Officer Daniel Pantaleo. 95 Stemming the Flow program was “introducing a military In response, Attorney General Eric model of overwhelming force in our Holder announced a Justice Department s Congress rushes to finish its cities and towns.” 91 investigation of the Garner case. And A year-end work before the Christ - In case the legislation doesn’t survive Mayor de Blasio announced a police mas recess, efforts in both chambers the lame-duck congressional session, retraining program, including steps to to restrict — though not end — the Johnson asked the heads of the Armed de-escalate street confrontations. 96 flow of military equipment to police Services committees in both chambers Patrick J. Lynch, president of the departments remain on the table. for a moratorium on transfers of some Patrolmen’s Benevolent Association Obama entered the fray in early Pentagon equipment, saying Congress union said officers felt that the mayor December, announcing that he would needs to “press pause . . . and revisit had thrown them “under the bus.” The issue an executive order designed to the merits of a militarized America.” 92 mayor didn’t say, Lynch added, “that ensure that the 1033 program is “trans - The bill would block transfer of what you cannot resist arrest.” 97 In the video parent.” The order will also be designed the sponsors called high-caliber weapons, Garner is seen loudly complaining to

1052 CQ Researcher police about harassment, but never ac - were peaceful, violence-inclined groups cops are not supposed to do that.” tively resists arrest. torched about 12 businesses and burned Former Seattle Police Chief Stamper However, the facts of Garner’s death some police cars, and gunfire could characterizes old-school brutality as as shown on video brought some law- be heard during the disturbances. 102 “punitive force” and says that today, and-order conservatives to side — un - Street protests over the grand jury’s “much of what we see as excessive like in the Ferguson case — with police decision spread beyond Ferguson and force or police brutality is a perversion critics. Charles Krauthammer, a con - St. Louis to Oakland and San Francisco, of officer safety tactics.” servative Washington Post columnist, called Pantaleo’s non-indictment “totally incomprehensible.” Speaking on Fox News, Krauthammer said, “The guy ac - tually said, ‘I can’t breathe.’ ” 98 “We are going to have a different approach and have But not all conservatives agreed. Re - the approach that we’re in this together.” publican Rep. Peter King of New York, who represents Long Island, said that — Missouri Highway Patrol Capt. Ronald S. Johnson, Garner died because he was obese and asthmatic. “The police had no reason to on how he would direct the law enforcement response know he was in serious condition.” 99 In a reminder that growing tension to the protests in Ferguson, Mo. over police actions isn’t limited to one or two places, Holder on the day fol - lowing the Garner non-indictment an - nounced that an 18-month investigation Calif.; Chicago; New York; Washington, The idea that police live in constant of the Cleveland police department found D.C.; and Seattle. Protesters demonstrated danger reflects a drug war-spawned a pattern of “unnecessary and excessive in shopping areas on “Black Friday,” with militarization that intensified after 9/11, use of deadly force” as well as African- protesters chanting, “If we don’t get no Stamper says. “Many departments have Americans’ repeated claims that police justice, they don’t get no profits.” 103 treated low-level drug offenders as the were “verbally and physically aggressive enemy for so long that re-engineering toward them because of their race.” 100 the culture and structure of American Cleveland — the city where a po - policing is going to take generations.” liceman had shot and killed 12-year- OUTLOOK Indeed, some police say, issues that old Rice in late November after the give rise to protests and debates over boy was seen in a park waving a toy police conduct are rooted in generations- replica of a gun — agreed to formulate old problems — not police tactics. “It’s a consent decree with Justice under Re-engineering Police decades of racial disparity and economic which police would be supervised by Culture disparity,” Jeff Roorda, business manager an independent monitor. Albuquerque of the St. Louis Police Officers Associ - reached that kind of agreement earlier he debate over 21st-century police ation, told CBS News. “It’s not a problem this year; and 14 other cities have signed T tactics should not be confused with with the police.” 104 consent decrees in recent years . 101 a debate over police brutality, say critics Whether Justice Department inves - Developments in New York and of police adoption of military equip - tigations and police retraining programs Cleveland came the week after the St. ment, tactics and mentality. will lead to rapid changes in interactions Louis County grand jury’s decision not “In the ’60s and ’70s cops were more between police and minority group to indict Wilson (now resigned from brutal,” says former officer Moskos of members, particularly black men, is far the police department) for Brown’s the John Jay College of Criminal Justice. from clear. In angry and despairing death in Ferguson. “Cops are not allowed to beat people tones that were echoed in remarks from Immediately after county Prosecuting up like they used to. They may still protesters, Ta-Nehisi Coates, an influ - Attorney Robert P. McCulloch an - have the attitude that ‘you’ve got to do ential essayist at The Atlantic magazine, nounced the decision in an evening this or else,’ but the ‘else’ is more limited. wrote after the Ferguson non-indictment, press conference three days before The rest of society has evolved; you “America does not really believe in non - Thanksgiving, protests broke out in would say it has progressed — if you’re violence, so much as it believes in order. downtown Ferguson. Although many on that side — to the point where . . . The death of all our Michael Browns

www.cqresearcher.com Dec. 12, 2014 1053 POLICE TACTICS

at the hands of people who are sup - And Fraternal Order of Police Presi dent 3 “Tracking the Events in the Wake of Michael posed to protect them originates in a Canterbury and other experts say mili tary Brown’s Shooting,” The New York Times , force more powerful than any president: equipment, such as rifles and armored Aug . 9, 2014, http://tinyurl.com/q3rwm5j ; American society itself.” 105 cars, are essential in dealing with mass “Beavercreek Wal-Mart police shooting: Does Nevertheless, in Los Angeles, whose shootings. The debate over the appro - video tell whole story?” The Associated Press (via Cleveland.com), Sept. 30, 2014, http:// police department was once considered priateness of this gear for police raises tinyurl.com/pqhj2fu ; J. David Goodman and heavy-handed with minority communi - the danger, Canterbury says, of “not having Al Baker, “Wave of Protests After Grand Jury ties, civil rights lawyer Constance Rice, the equipment because of the perception Doesn’t Indict Officer in Eric Garner Chokehold who worked with the department in a that that’s militarized policing.” Case,” The New York Times , Dec. 3, 2014, reportedly successful reform program, On the nonmilitary equipment side, http://tinyurl.com/nlx3dax ; Dan McKay, argues that change is possible. Like as a consensus forms that all police should “Video: Camper turning from officers when other experts, she points to fear — wear body cameras, other technological shot,” Albuquerque Journal , March 22, 2014, rather than outright racism — as the approaches to policing issues are in the http://tinyurl.com/ltuzozq ; Coleen Heild, “Polic - key element in many police-citizen en - pipeline. In Santa Cruz, Calif., police are ing the police across the USA,” Albuquerque counters that turn violent. “I have known testing a pistol-borne sensor designed to Journal , Nov. 9, 2014, http://tinyurl.com/kp3h6h2 . 4 cops who haven’t had a racist bone in immediately send out an alert when an “Remarks by the President After Meeting with Elected Officials, Community and Faith their bodies,” Rice told NPR. “They officer unholsters or fires his gun. 109 Leaders, and Law Enforcement Officials on weren’t overtly racist. They weren’t con - Data on how a weapon was used How Communities and Law Enforcement Can sciously racist. But you know what they would help in post-incident investiga - Work Together to Build Trust to Strengthen had in their minds that made them act tions. “If we know the gun was holstered, Neighborhoods Across the Country,” The White out and beat a black suspect unwar - that could resolve a critical element in House, Dec. 1, 2014, http://tinyurl.com/nj7t6yh . rantedly? They had fear. They were the courtroom,” Robert Stewart, CEO 5 “Sen. Thomas R. Carper. . .,” op. cit. afraid of black men.” 106 of Yardarm Technologies, a Capitola, 6 Written Testimony, Alan Estevez, Principal On Dec. 9 the National Urban League, Calif., start-up that is develop ing the Deputy Under Secretary of Defense for Ac - the 103-year-old African-American civil sensor, told PCWorld magazine. 110 quisition Logistics and Technology, Senate rights organization, issued a 10-point Technology may be moving more Committee on Homeland Security and Gov - plan it said would help ease tensions quickly than social changes that could ernmental Affairs, Sept. 9, 2014, http://tinyurl. com/n9flmo8 ; Daniel H. Else, “The ‘1033 Pro - between police and citizens, which in - lessen police-citizen tensions. But, wher - gram,’ Department of Defense Support to Law cluded “comprehensive retraining” of ever the debate over militarization takes Enforcement,” Congressional Research Service, all police, appointment of special pros - policing, experts agree the spotlight that Aug. 28, 2014, pp. 1-2, http://tinyurl.com/ ecutors to investigate police misconduct mobile digital recording has focused l79spln ; Arezou Rezvani, Jessica Pupovac, and “widespread use” of dashboard on police practices is permanent and David Eads and Tyler Fisher, “MRAPs and and body cameras. 107 growing. Bayonets: What We Know About the Penta - Apart from conflicts reflecting race “In the age of social media,” says gon’s 1033 Program,” NPR, Sept. 2, 2014, http:// and class divides, “active shooter” mass- Charles Wexler, executive director of ti nyurl.com/p3a4fqj ; Alicia Parlapiano, “The killing incidents — some of the most the Police Executive Research Forum, Flow of Money and Equipment to Local Police,” dangerous and stressful incidents that “your actions get translated out there The New York Times , updated Dec. 1, 2014 , police encounter — have been in - a thousandfold.” http://tinyurl.com/oeswx3y . 7 Ibid. ; “Sen. Thomas R. Carper. . .,” op. cit. creasing in number since 2000, the 8 Written Testimony, Alan Estevez, op. cit. FBI reported in September. And these 9 “Department of Justice and Department of are not likely to lessen officers’ sense Defense Joint Technology Program: Second 108 Notes of ever-present peril. Anniversary Report,” National Institute of Justice, Former Los Angeles Sheriff’s De - February 1997, http://tinyurl.com/m6vgdwe . partment commander Heal notes that 1 John Eligon, “Anger, Hurt and Moments of 10 Corey Mitchell, “Disquiet builds nationwide ordinary patrol officers may be rushed Hope in Ferguson,” The New York Times , Aug. over police flash-bang use,” Minneapolis Star- into highly dangerous “active shooter” 20, 2014, http://tinyurl.com/l8ps8qz . Tribune , Dec. 31, 2011, http://tinyurl.com/kp 2 incidents that were once reserved for “Police militarization,” Google images, gcjax . 11 SWAT teams because the new police http://tinyurl.com/ppaqytz ; “Sen . Thomas R. “War Comes Home: The Excessive Milita - Carper Holds a Hearing on State and Local tactical doctrine is that waiting costs rization of American Policing,” American Civil Law Enforcement Oversight, Panel 2,” Senate Liberties Union, June 2014, p. 15, http://tiny too many lives. “More than 90 percent Committee on Homeland Security and Gov - url.com/lakqla6 . of victims are killed in the first eight ernmental Affairs, Sept. 9, 2014, CQ Transcrip - 12 Quoted in Rob Moore, “Child burned by minutes,” Heal says. tions LLC. distraction device during raid,” AccessNorthGa.

1054 CQ Researcher com, May 29, 2014, http://tinyurl.com/mc3ac4j ; pn9w2 ; Rick Orlov, “North Hollywood black-on-black crime,” Chicago Tribune , Aug. David Beasley, “Georgia deputies cleared after shootout, 15 years later,” Los Angeles Daily 28, 2014, http://tinyurl.com/k8sbp64; Jamelle stun grenade injured toddler,” Reuters, Oct. 6, News , Feb. 26, 2012, http://tinyurl.com/o9f2tg7 . Bouie, “Actually Blacks Do Care About Black 2014, http://tinyurl.com/p7padk2 . 25 Steve Bosh, “Survivors recount San Ysidro Crime,” Slate , Dec. 1, 2014, http://tinyurl.com/ 13 Nate Carlisle, et. al. , “Ogden officer killed McDonald’s massacre after 30 years,” KUSI News, k7brpue . in firefight ‘doing exactly what he wanted to July 18, 2014, http://tinyurl.com/produ87 . 35 “Broken Windows Policing,” Center for do,’ ” The Salt Lake Tribune , Jan. 6, 2012, http:// 26 “Special Litigation Section Cases and Matters, Evidence-Based Crime Policy, George Mason tinyurl.com/mznsutg ; Jessica Miller, “Police de - Law Enforcement Agencies,” U.S. Justice De - University, undated, http://tinyurl.com/koravg6 . tail what went wrong in fatal shootout with partment, Civil Rights Division, http://tinyurl. 36 Peter Moskos, Cop in the Hood: My Year Matthew David Stewart,” The Salt Lake Tribune , com/lu76yt8 . Policing Baltimore’s Eastern District (2008). July 17, 2014, http://tinyurl.com/mloq29u . 27 Ryan Gabrielson, Ryann Grochowski Jones, 37 Quoted in Michael B. Marois, “Body-Worn 14 “War Comes Home. . .,” op. cit. , pp. 27, 31. Eric Sagara, “Deadly Force, in Black and White,” Cameras for Police Get Renewed Attention After 15 John Bacon, “Pa. schools close in manhunt ProPublica , October 2014, http://tinyurl.com/ Ferguson,” Bloomberg News, Nov. 25, 2014, for accused cop killer,” USA Today , Oct. 21, 2014 , qfx6qmr . http://tinyurl.com/n4on8lv . http://tinyurl.com/kjmvgrv ; Leslie Linthicum, 28 “Quoted in William H. Freivogel, “How 38 “Remarks by the President. . .,” op. cit. ; “A bullet, a rescue and a long road home,” Many Police Kill Black Men? Without Database, Mark Landler, “Obama Offers New Standards Albuquerque Journal , Dec. 22, 2013, http:// We Can’t Know,” St. Louis Public Radio, Dec. on Police Gear,” The New York Times , Dec. 1, tinyurl.com/nuz9g6x ; “10/26/13: Officer Luke 10, 2014, http://tinyurl.com/k3c85bb ; Ibid. ; 2014, http://tinyurl.com/lyde4wh . McPeek and Others Shoot Christopher Chase,” Rob Barry and Coulter Jones, “Hundreds of 39 Katti Gray and Dean Schabner, “UC Davis Albuquerque Journal , 2014, http://tinyurl.com/ Police Killings Are Uncounted in Federal Stats,” Pepper Spraying: Cops Suspended,” ABC News, p5z334c . The Wall Street Journal , Dec. 3, 2014, http://tiny Nov. 20, 2011, http://tinyurl.com/7r9kk76 ; 16 Peter B. Kraska, “Militarization and Policing url.com/kra7pqj . Matthew B. Stannard and Demian Bulwa, — Its Relevance to 21st Century Police,” Polic - 29 “Tracking the Events in the Wake of Michael “BART shooting captured on video,” San Fran - ing , 2007, http://tinyurl.com/nc3aazu. Brown’s Shooting,” op. cit. ; Paddock, Paras - cisco Chronicle , Jan. 7, 2009, http://tinyurl. 17 “Commission on Special Weapons and Tac - candola and Siemaszko, op. cit. ; J. David com/bv89orh ; Ryan Owens, “Cop’s ‘Heart Sank’ tics (S.W.A.T.), Final Report,” Attorney General’s Goodman, “In Brooklyn, 2 Young Men, a Dark on Realizing Shots Fired at Minivan Full of Commission on Special Weapons and Tactics, Stairwell and a Gunshot,” The New York Times , Kids,” ABC News, Jan. 17, 2014, http://tinyurl. Sept. 10, 2002, p. 3, http://tinyurl.com/pvbzm9z . Nov. 23, 2014, http://tinyurl.com/opw75w9 ; com/qe4wnct ; Ryan Boetel, “APD detective 18 Ibid. , p. 1; Radley Balko, Rise of the Warrior Emma G. Fitzsimmons, “12-Year-Old Boy Dies who shot homeless camper James Boyd plan - Cop: The Militarization of America’s Police After Police in Cleveland Shoot Him,” The New ning to retire,” Albuquerque Journal , Nov. 18, Forces (2014), pp. 248-249. York Times , Nov. 23, 2014, http://tinyurl.com/ 2014, http://tinyurl.com/lb9mtjn; Josh Sanburn, 19 Ibid. , pp. 4, 7. Michael Rubinkam, “Trooper opw75w9 ; “Beavercreek Wal-Mart police shoot - “Behind the Video of Eric Garner’s Deadly ambush suspect caught, death penalty eyed,” ing: Does video tell whole story?” The Associated Confrontation With New York Police,” Time , The Associated Press, Oct. 31, 2014, http://tiny Press (via Cleveland.com), Sept. 30, 2014, July 22, 2014, http://tinyurl.com/oh94f6v ; Pat url.com/of3cfps ; Andrew Ba Tran and Luke http://tinyurl.com/pqhj2fu . Reavy, “Body cam helps justify fatal South Knox, “Map of school shootings from 2013- 30 “Remarks by the President at Congressional Salt Lake police shooting,” KSL.com, Sept. 30, 14,” The Boston Globe , June 10, 2014, http:// Black Caucus Awards Dinner,” The White House, 2014, http://tinyurl.com/q8z8pqn . tinyurl.com/pywyqmr ; “Boston Marathon Ter - Sept. 28, 2014, http://tinyurl.com/occq8f5 . 40 Michael D. White, “Police Officer Body- ror Attack Fast Facts,” CNN, Nov. 1, 2014, http:// 31 “Sen. Thomas R. Carper. . .,” op. cit. Worn Cameras: Assessing the Evidence,” Office tinyurl.com/q7ldwbc ; Kraska testimony, op. cit. 32 Quoted in Erik Badia and Corky Siemaszko, of Justice Programs, U.S. Justice Department, 20 “Sen. Thomas R. Carper. . .,” op. cit. “Rev. Al Sharpton accuses Ferguson, Mo., police 2014, p. 16, http://tinyurl.com/q87pdtu . 21 Debra Cassens Weiss, “SWAT-like raids for chief of ‘smear campaign’ against Michael 41 Quoted in Ian Lovett, “In California, a barber’s license checks violated Constitution, Brown,” New York Daily News , Aug. 16, 2014 , Champion for Police Cameras,” The New York 11th Circuit says,” ABA Journal , Sept. 22, 2014, http://tinyurl.com/pqatdn8; Erik Eckholm, “Wit - Times , Aug. 21, 2013, http://tinyurl.com/k5mxafg . http://tinyurl.com/mozr9nb . ness Told Grand Jury That Michael Brown 42 Rocco Parascandola, “60 NYPD cops set 22 “Special Weapons and Tactics (SWAT), Con - Charged at Darren Wilson, Prosecutor Says,” to begin wearing body cameras in pilot pro - cepts and Issues Paper,” International Asso - The New York Times , Nov. 24, 2014, http:// gram,” New York Daily News , Sept. 4, 2014, ciation of Chiefs of Police, March 2011, http:// tinyurl.com/ntyezrm ; Trymaine Lee and http://tinyurl.com/qgqohaf . tinyurl.com/njfmadw . Michele Richinick, “Police: Michael Brown 43 “Implementing a Body-Worn Camera Pro - 23 “Gun Ownership Trends and Demographics,” stopped because he blocked traffic,” MSNBC, gram: Recommendations and Lessons Learned,” Pew Research Center, March 12, 2013, http:// Aug. 15, 2014, http://tinyurl.com/leltynp . Police Executive Research Forum, U.S. Justice tinyurl.com/q822p6y; “Gun homicides and gun 33 “Homicide Watch Chicago,” Chicago Sun- Department, 2014, pp. 54-56, http://tinyurl. ownership by country,” The Washington Post , Times , regularly updated, http://tinyurl.com/ com/lxdg7ej . Dec. 17, 2012, http://tinyurl.com/c53hytw . nlsfr2z ; Amy Sherman, “A look at statistics 44 “Findings of civil investigation,” U.S. Justice 24 Bob Parker, “How the North Hollywood on black-on-black murders,” PolitiFact Florida , Department, April 10, 2014, http://tinyurl. Shootout Changed Patrol Arsenals,” Police Mag - July 17, 2013, http://tinyurl.com/mhfw7f4 . com/n6bubpo ; Gwyneth Doland, “Police body azine , Feb. 28, 2012, http://tinyurl.com/mp 34 Quoted in Steve Chapman, “Sharpton on cameras didn’t provide accountability in New

www.cqresearcher.com Dec. 12, 2014 1055 POLICE TACTICS

Mexico,” Al Jazeera America, April 16, 2014, mission on the Los Angeles Riots, 1965, http:// pound in Waco, Texas,” Free Republic , March 4, http://tinyurl.com/l8gowe9 . tinyurl.com/3zab8bg . 2014, http://tinyurl.com/ouqak4k . 45 Patrick Lohmann, “No video of Mary Hawkes 56 Richard Nixon, “Special Message to the 68 “Final Report to the Deputy Attorney General shooting, APD says,” Albuquerque Journal , Congress on Drug Abuse Prevention and Con - Concerning the 1993 Confrontation at the Mt. May 22, 2014, http://tinyurl.com/qzlorxz . trol, June 17, 1971,” The American Presidency Carmel Complex, Waco, Texas,” Special Coun - 46 Quoted in Nicole Perez, “Officer who shot Project, University of California, Santa Barbara, sel John C. Danforth, Nov. 8, 2000, p. 29, Mary Hawkes fired for insubordination,” Albu - http://tinyurl.com/l56dh26 . http://tinyurl.com/nm59o2h ; Matt Alsdorf, querque Journal , Dec. 1, 2014, http://tinyurl. 57 Ibid. Also see Radley Balko, Rise of the “Waco Twofer: Pyrotechnic Tear Gas and Delta com/paatg2a . Warrior Cop: The Militarization of America’s Force,” Slate , Sept. 2, 1999, http://tinyurl.com/ 47 “10 limitations of body cams you need to Police Forces (2014), pp. 81-134. ceduvf8 . know for your protection,” Force Science Institute 58 Ibid. , Balko; Clinton, op. cit. , p. 2. 69 Jennifer Medina, “Rodney King Dies a 47,” Ltd., undated, http://tinyurl.com/m94y3vw . 59 Balko, op. cit. , pp. 116-125; “War Comes The New York Times , June 17, 2012, http://tiny 48 Ibid. , pp. 5-6. Home: The Excessive Militarization of American url.com/8xdbzgc . 49 Maj. Gen. Timothy J. Lowenberg, “The Role Policing,” ACLU, June 2014, http://tinyurl.com/ 70 Ibid. , “Los Angeles riots: Remember the 63 of the National Guard in National Defense lx56xmg ; U.S. v. Leon , 488 U.S. 897 (1984), people who died,” Los Angeles Times , April 26, and Homeland Security,” National Guard As - http://tinyurl.com/238nbgx . 2012, http://tinyurl.com/ljb86rg ; Linda Deutsch, sociation of the United States, undated, http:// 60 Ronald F. Lauve, “Statement Before the “Rodney King’s Death: Reporter Remembers tinyurl.com/qbmsnbd . Subcommittee on Crime, House Committee Trial That Sparked Riots,” The Associated Press, 50 Ibid. , p. 40. on the Judiciary on Military Cooperation With Aug. 18, 2012, http://tinyurl.com/n7a9fhl . 51 “Department of Justice and Department of Civilian Law Enforcement Agencies,” General 71 “Los Angeles Riots Fast Facts,” CNN, May 3, Defense Joint Technology Program: Second Accounting Office, July 28, 1983, http://tinyurl. 2014, http://tinyurl.com/njj82eh . Anniversary Report,” National Institute of Justice, com/ouckbgl . 72 Daniel H. Else, “The ‘1033 Program,’ ” op. Department of Justice,” February 1977, p. 2, 61 Balko, op. cit. , pp. 96-97, 145-146. cit. , pp. 1-2. http://tinyurl.com/qyemysa . 62 “Crime Technology: Department of Defense 73 “Department of Justice and Department of 52 Ibid .; Jeremy Peace, “Stephanie L. Kwolek, Assistance to State and Local Law Enforcement Defense Joint Technology,” op. cit. , p. 1. Inventor of Kevlar, Is Dead at 90,” The New Agencies,” U.S. General Accounting Office, (now 74 Ibid. , pp. 5-6. York Times , June 20, 2014, http://tinyurl.com/ Government Accountability Office), October 1999, 75 Else, op. cit. nlhzb3l . pp. 3-5, http://tinyurl.com/o5tfgev . 76 “Department of Justice and Department of 53 Charles Doyle and Jennifer K. Elsea, “The 63 Ibid. , pp. 7-9. Defense Joint Technology,” op. cit. , pp. 5, 11; Posse Comitatus Act and Related Matters: The 64 “Department of Justice Report on Internal “War Comes Home,” op. cit. , pp. 2-3. Use of the Military to Execute Civilian Law,” Review Regarding the Ruby Ridge Hostage 77 Lois M. Davis, et al. , “Long-Term Effects Congressional Research Service, Aug. 16, 2012, Situation and Shootings by Law Enforcement of Law Enforcement’s Post-9/11 Focus on Coun - pp. 35-36, http://tinyurl.com/l29a4ea . Personnel,” U.S. Justice Department, 1994, Ex - terterrorism and Homeland Security,” RAND 54 Ibid. , Balko, p. 62; “The UT Tower Shooting,” ecutive Summary, http://tinyurl.com/p8q988z ; Corp., 2010, p. xv, http://tinyurl.com/k3a2tas . Texas Monthly , undated, http://tinyurl.com/ka Balko, op. cit. , pp. 200-201. 78 “DHS Announces Grant Allocations for ybz73 . 65 Ibid., Balko. Fiscal Year 2014 Preparedness Grants,” U.S. De - 55 Paul Clinton, “Daryl Gates and the origins 66 Ibid. , “Department of Justice.” partment of Homeland Security, July 25, 2014, of LAPD SWAT,” Police Magazine , April 16, 67 “Report to the Deputy Attorney General http://tinyurl.com/lphyxtd ; Alicia Parlapiano , 2010, http://tinyurl.com/q2d95ql ; Radley Balko, on the Events at Waco, Texas, February 28 to “The Flow of Money and Equipment to Local Rise of the Warrior Cop: The Militarization of April 19, 1993, Executive Summary, http://tiny Police,” The New York Times , updated Dec. 1, America’s Police Forces (2013), pp. 76-80; and url.com/o3yaxp7 ; Jim Hoft, “Author: Hillary 2014, http://tinyurl.com/oeswx3y . “144 Hours in August 1965,” Governor’s Com - Clinton Ordered Attack on David Koresh’s Com - 79 Donald E. Wilkes Jr., “Explosive Dynamic Entry,” Flagpole , July 20, 2003, http://tinyurl. com/qeqzxoq . About the Author 80 Lisa D. Moore and Amy Elkavich, “Who’s Using and Who’s Doing Time: Incarceration, Peter Katel is a CQ Researcher contributing writer who the War on Drugs, and Public Health,” American previously reported on Haiti and Latin America for Time and Journal of Public Health , May, 2008, http://tiny Newsweek and covered the Southwest for newspapers in url.com/mnu7awa ; John Schmitt, Kris Warner, New Mexico. He has received several journalism awards, in - Sarika Gupta, “The High Budgetary Cost of cluding the Bartolomé Mitre Award for coverage of drug traf - Incarceration,” Center for Economic and Policy ficking from the Inter-American Press Association. He holds Research, June 2010, http://tinyurl.com/27yos76 . 81 “Social Media and Tactical Considerations an A.B. in university studies from the University of New Mexico. for Law Enforcement,” Community Oriented His recent reports include “Mexico’s Future” and “U.S. Global Policing Services, U.S. Justice Department and En gagement.” Police Executive Research Forum, 2013, http:// tinyurl.com/karmhqx .

1056 CQ Researcher 82 Tracy L. Frazzano and G. Matthew Snyder, “Hybrid Targeted Violence: Challenging Con - ventional ‘Active Shooter’ Response Strategies,” FOR MORE INFORMATION Homeland Security Affairs, Naval Postgraduate American Civil Liberties Union , 125 Broad St., New York, NY 10004 ; 212-549- School Center for Homeland Defense and Se - 2500 ; http://tinyurl.com/kghjobr . The rights-advocacy organization has published a curity, 2014, http://tinyurl.com/oeoj7rj . series of detailed reports alleging police misconduct nationally and in several 83 Quoted in Joseph Goldstein, “Judge Rejects states and cities. New York’s Stop-and-Frisk Policy,” The New York Times , Aug. 12, 2013, http://tinyurl.com/ Law Enforcement Against Prohibition , 8730 Georgia Ave., Silver Spring, MD 20910 ; 301-565-0807 ; http://tinyurl.com/3ndoyw . The U.S.-based international orga - m826bvo ; Michael Barbaro and David W. Chen, nization of retired police officers, prosecutors and judges advocates legalizing and “De Blasio Is Elected New York City Mayor in regulating drug use. Landslide,” The New York Times , Nov. 5, 2013, http://tinyurl.com/ozbnwsu . National Fraternal Order of Police , 701 Marriott Dr., Nashville, TN 37214 ; 615- 84 Mike Bostock and Ford Fessenden, “ ‘Stop- 399-0900 ; http://tinyurl.com/omy84xb . The nation’s major police union advocates and-Frisk’ Is All but Gone From New York,” for its members on all issues affecting police safety and benefits. The New York Times , Sept. 19, 2014, http://tiny National Tactical Officers Association , http://tinyurl.com/lrognsr . The main or - url.com/p7qma2a . ganization for SWAT team members offers training in crisis negotiation, hostage 85 “Police Reform and Accountability Accom - rescue, sniper shooting and other situations in which SWAT teams are mobilized. plishments Under Attorney General Eric Hold - Police Executive Research Forum , 1120 Connecticut Ave., N.W., Washington, DC er,” U.S. Justice Department, Dec. 4, 2014, 20036 ; 202-466-7820 ; http://tinyurl.com/kytrfy9 . The think tank and consultancy rec - http://tinyurl.com/ocf4w5a . ommends policies designed to improve police-community relations. 86 Rachel Clarke and Christopher Lett, “What happened when Michael Brown met Officer Police Foundation , 1201 Connecticut Ave., N.W., Washington, DC 20036 ; 202- Darren Wilson,” CNN, Nov. 11, 2014, http://tiny 833-1460 ; http://tinyurl.com/q85srua . Affiliated with three universities in the United url.com/opdowzu . States and United Kingdom, the foundation researches new developments affecting police departments and proposes strategies to deal with them. 87 Ibid. 88 Matt Pearce, “Protesters use hands-up gesture U.S. Department of Justice , Civil Rights Division, 950 Pennsylvania Ave., N.W., defiantly after Michael Brown shooting,” Los Washington, DC 20530 ; 202-514-6255 ; http://tinyurl.com/lu76yt8 . The division’s Special Angeles Times , Aug. 12, 2014, http://tinyurl.com/ Litigation Section has conducted detailed investigations and negotiated settlements — ku56bs6 . all available on the section’s website — on police misconduct in numerous cities. 89 Quoted in Elahe Izadi and Wesley Lowery, “Meet the Missouri Highway State Patrol captain training of New York Police Dept.,” The New 2014, http://tinyurl.com/k5drrwa . who has taken over in Ferguson,” The Wash - York Times , Dec. 4, 2014, http://tinyurl.com/ 103 Quoted in John Eligon, “Protesters United ington Post , Aug. 15, 2014, http://tinyurl.com/ o7uywau . Against Ferguson Decision, but Challenged nvscevv . 97 Quoted in Santora, ibid. in Unity,” The New York Times , Nov. 28, 2014, 90 “Remarks by the President,” op. cit. 98 Quoted in Karen Tumulty, “Ferguson, Staten http://tinyurl.com/m7sag4f . 91 Press release, “Reps. Johnson, Labrador in - Island: Similar events bring very different re - 104 Quoted in Matt Apuzzo, “Past Remarks troduce bill to de-militarize police,” Website action,” The Washington Post , Dec. 4, 2014, by Loretta Lynch, Attorney General Nominee, of Rep. Hank Johnson, Sept. 16, 2014, http:// http://tinyurl.com/mw9uykk . Offer Insight on Race Issues,” The New York tinyurl.com/myz4s4p . 99 Quoted in Nia-Malika Henderson, “Peter King Times , Dec. 2, 2014, http://tinyurl.com/mykozju . 92 Ibid. blames asthma and obesity for Eric Garner’s 105 Ta-Nehisi Coates, “Barack Obama, Ferguson, 93 “M14 7.62mm Rifle,” Federation of American death. That’s a problem for the GOP,” The and the Evidence of Things Unsaid,” The At - Scientists, Military Analysis Network, updated Washington Post , Dec. 4, 2014, http://tinyurl. lantic , Nov. 26, 2014, http://tinyurl.com/mtjyjqz . Feb. 22, 2000, http://tinyurl.com/pghfqdm ; Writ - com/mf6qcc9 . 106 Quoted in “Civil Rights Attorney On How ten Testimony, Alan Estevez, op. cit. , pp. 3-4. 100 “Investigation of the Cleveland Division She Built Trust With Police,” NPR, Dec. 5, 2014, 94 “Sen. Thomas R. Carper Holds a Hearing,” of Police,” U.S. Department of Justice, Dec. 4, http://tinyurl.com/l3s86oc . op. cit. 2014, pp. 3, 49, http://tinyurl.com/keuaqgz . 107 “10-Point Justice Plan: National urban 95 Vivian Yee, “ ‘I Can’t Breathe,’ Is Echoed in 101 Richard A. Oppel Jr., “Cleveland Police League Police Reform and Accountability Rec - Voices of Fury and Despair,” The New York Abuse Pattern Cited by Justice Department,” ommendations,” National Urban League, De - Times , Dec. 3, 2014, http://tinyurl.com/ndm9c3k ; The New York Times , Dec. 4, 2014, http:// cember 2014, http://tinyurl.com/m2j2k7u . Bill Chapell, “Protests Spread in New York tinyurl.com/mm97l4h; “Police Reform and Ac - 108 “FBI Releases Study on Active Shooter In - and Beyond Over Eric Garner Case,” NPR, countability Accomplishments Under Attorney cidents,” FBI, Sept. 24, 2014, http://tinyurl.com/ Dec. 3, 2014, http://tinyurl.com/pqj72rs . General Eric Holder,” U.S. Justice Department, nfm5pww . 96 Mollie Reilly, “Justice Department to Inves - Dec. 4, 2014, http://tinyurl.com/ocf4w5a . 109 Zach Miners, “Startup arms cops with tigate Eric Garner’s Death,” The Huffington 102 Ellen Wulfhorst, Daniel Wallis and Edward Internet-connected ‘smart’ guns,” PCWorld , Post , Dec. 3, 2014, http://tinyurl.com/lngbeqn; McAllister, “More troops deployed in Ferguson Oct. 27, 2014, http://tinyurl.com/lmwmbht . Marc Santora, “Mayor de Blasio Calls for Re - to guard against fresh riots,” Reuters, Nov. 25, 110 Quoted in ibid.

www.cqresearcher.com Dec. 12, 2014 1057 Bibliography Selected Sources

Books Moore , Rob , “Child burned by distraction device during raid,” Access North Georgia , May 29, 2014 , http://tiny Balko , Radley , Rise of the Warrior Cop: The Militarization url.com/mc3ac4j. of America’s Police Forces , PublicAffairs , 2014 . A county sheriff in charge of a disastrous SWAT raid in which A longtime critic of police tactics traces hardening of police an infant was gravely wounded by a flash-bang grenade says methods to the spread of SWAT teams. his men had had no information a child was in the house but defends the operation as based on available intelligence. McCoy , Candace , ed., Holding Police Accountable , Urban Institute Press , 2010 . Nehring , Abbie , “ ‘Less Lethal’ Flash-Bangs Used in Ferguson A group of academics, including two former police officers, ex - Leave Some Feeling the Burn,” ProPublica , Aug. 22, 2014 , amine changes in laws and procedures guiding police conduct. http://tinyurl.com/olovoph . A journalist reports being burned by a flash-bang grenade Moskos , Peter , Cop in the Hood: My Year Policing Baltimore’s used against demonstrators in Ferguson, Mo., and experts Eastern District , Princeton University Press , 2008 . debate their use as crowd-control devices. A former police officer who was trained as a sociologist examines his own and colleagues’ actions and attitudes in Proctor , Jeff , “Boyd shooter: ‘Welcome to ROP; mistakes policing poor, African-American neighborhoods. now cease to exist,’ ” KRQE News , Oct. 7, 2014 , http://tinyurl. com/pqmhewu. Stamper , Norm , Breaking Ranks: A Top Cop’s Exposé of An investigative reporter recounts the little-known story of the Dark Side of American Policing , Nation Books , 2005 . a specialized Albuquerque, N.M., Police Department unit — A career police officer who rose to Seattle police chief now disbanded — whose logo was a hangman’s noose. criticizes drug laws and drug enforcement. Swaine , Jon , “Doubts cast on witness’s account of black Articles man killed by police in Walmart,” The Guardian , Sept. 7, 2014 , http://tinyurl.com/k4g3gvg . Barrett , Devlin , “Attorney General Eric Holder Urges A U.S. correspondent for a London-based newspaper probes Broad Review of Police Tactics,” The Wall Street Journal , the evidence in a police shooting that left an unarmed man Oct. 8, 2014 , http://tinyurl.com/nunrumb . dead in a Walmart store in Beavercreek, Ohio, after picking up The outgoing Justice Department chief calls for a thorough a BB rifle from a shelf and walking around the store with it. examination of police departments’ policies and actions. Reports and Studies Devaney , Tim , “Senators blast DOD program that ‘militarized police,’ ” The Hill , Sept. 9, 2014 , http://tinyurl.com/lxns2q6 . Else , Daniel H. , “The ‘1033 Program,’ Department of Defense Bipartisan criticism erupted at a Senate committee hearing Support to Law Enforcement,” Congressional Research Ser - on transfers to police departments of military gear. vice , Aug. 28, 2014 , http://tinyurl.com/l79spln . A CRS specialist examines the requirements governing military Heal , Charles “Sid,” “Swarming,” The Tactical Edge , Spring equipment transfers to police. 2011 , http://tinyurl.com/pke2bjb . A former Los Angeles Sheriff’s Department commander ana lyzes “Police Under Attack: A Police Foundation Review of the a tactic in which police in a sudden emergency rush a Christopher Dorner Incident,” Police Foundation , 2013 , shooter from several directions — a method Heal calls a departure http://tinyurl.com/letwcga . from the military approach. A team of career police officers working for a think tank analyzes and draws lessons from the 2013 manhunt for an Lind , Dara , “How do police departments train cops to use ex-Los Angeles Police Department officer and U.S. Navy force?,” Vox , Sept. 5, 2014 , http://tinyurl.com/ncfnjjn . veteran who killed the daughter of a former superior, a A justice system specialist details how officers are taught police officer and a sheriff’s deputy. Police shot at, but didn’t when and when not to shoot. kill, three civilians during the search.

McKay , Dan , “Video: Camper turning from officers when “War Comes Home: The Excessive Militarization of Amer - shot,” Albuquerque Journal , March 22, 2014 , http://tiny ican Policing,” American Civil Liberties Union (ACLU) , url.com/ltuzozq . June 2014 , http://tinyurl.com/nneqyrk . A video of police shooting to death a mentally disturbed The ACLU analyzes data from a small sample of police de - man intensified criticism of an already troubled Albuquerque, partments to conclude that U.S. police tactics and equipment N.M., police department. are overly militarized.

1058 CQ Researcher The Next Step: Additional Articles from Current Periodicals

Cameras Militarization of Policing

Brustein , Joshua , “How One Guy Is Using the Law to Chokshi , Niraj , “School police across the country receive Wreak Havoc Over Police Body Cams,” Bloomberg Busi - excess military weapons and gear,” The Washington Post , nessweek , Nov. 20, 2014 , www.businessweek.com/articles/ Sept. 16, 2014 , www.washingtonpost.com/blogs/govbeat/ 2014-11-20/how-one-guy-can-wreak-havoc-on-plans-for- wp/2014/09/16/school-police-across-the-country-receive- police-body-cameras . excess-military-weapons-and-gear /. An anonymous activist in Washington state is making large- A review of data from more than 30 states shows at least scale public-records requests and posting police videos online 120 school systems and colleges have received military equip - in an effort to pressure police departments into making more ment from the Defense Department. videos from officers’ body cameras publicly available. Johnson , Riley , “Police: No moratorium on military gear Miller , Nate , “Body-mounted cameras offer benefits, ques - needed,” Lincoln (Neb.) Journal Star , Nov. 28, 2014 , http:// tions for police, residents,” The Greeley (Colo.) Tribune , journalstar.com/news/local/911/police-no-moratorium- Sept. 2, 2014 , www.greeleytribune.com/news/12776688- on-military-gear-needed/article_49428ffa-6ab7-5002-a549- 113/cameras-officers-police-body . 401a22c13815.html . The Greeley (Colo.) Police Department is debating whether Nebraska police officials contend police departments are to equip its officers with body cameras. responsibly utilizing military equipment.

Starkey , Jonathan , “Post-Ferguson, Del. police weigh body Neuman , Scott , “Ferguson Mayor: Police Will Recruit cameras,” The (Wilmington) Delaware News Journal , More Minorities,” NPR , Nov. 30, 2014 , www.npr.org/blogs/ Dec. 1, 2014 , www.delawareonline.com/story/news/local/ thetwo-way/2014/11/30/367548761/ferguson-largely- 2014/11/30/ferguson-delaware-police-consider-body- peaceful-after-officers-decision-to-quit . cameras/19715761 /. Ferguson, Mo., Mayor James Knowles said the city plans Delaware State Police officials are considering equipping to create a civilian board to review police officers’ actions all troopers with body cameras in light of the controversy and recruit more black officers in an effort to properly reflect surrounding the fatal police shooting of Michael Brown. the town’s demographics.

Civilian Shootings Ostendorff , Jon , “Military gear comes with concerns for local police,” Asheville (N.C.) Citizen-Times , Sept. 9, 2014 , Healy , Jack , and Monica Davey , “Darren Wilson, Officer www.citizen-times.com/story/news/local/2014/09/03/ in Ferguson Shooting, Resigns From Police Dept.,” The military-gear-comes-concerns-local-police/15036703 /. New York Times , Nov. 29, 2014 , www.nytimes.com/2014/ Several police departments in eastern North Carolina have 11/30/us/ferguson.html?_r=0 . declined military equipment from the Defense Department. Officer Darren Wilson of the Ferguson (Mo.) Police De - partment resigned several days after a grand jury acquitted CITING CQ RESEARCHER him in Michael Brown’s shooting death. Sample formats for citing these reports in a bibliography Johnson , Kevin , Meghan Hoyer and Brad Heath , “Local include the ones listed below. Preferred styles and formats police involved in 400 killings per year,” USA Today , vary, so please check with your instructor or professor. Aug. 15, 2014 , www.usatoday.com/story/news/nation/ 2014/08/14/police-killings-data/14060357 /. MLA STYLE Nearly one-fourth of civilians killed by white police officers Jost, Kenneth. “Remembering 9/11.” CQ Researcher 2 Sept. each year since 2005 were black, according to the Federal 2011: 701-732. Bureau of Investigation (FBI), but some crime experts say the data are incomplete. APA S TYLE Jost, K. (2011, September 2). Remembering 9/11. CQ Researcher, Susman , Tina , and Maria La Ganga , “Police killing, beating of civilians raise issue of reasonable force,” Los Angeles 9, 701-732. Times , Nov. 16, 2014 , www.latimes.com/nation/la-na- police-prosecution-20141116-story.html#page=1 . CHICAGO STYLE High-profile civilian killings by police highlight the challenge Jost, Kenneth. “Remembering 9/11.” CQ Researcher , September of balancing the use of “reasonable force” by police in 2, 2011, 701-732. pursuing suspects with protecting citizens from excessive force.

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