Rise of the Warrior Cop (64 page)

27
. “Gravely Ill, Atwater Offers Apology,” Associated Press, January 13, 1991.

28
. William Bennett, “Should Drugs Be Legalized?”
Reader’s Digest
(March 1990).

29
. The Bennett narrative is from Baum,
Smoke and Mirrors,
pp. 260–266.

30
. Ibid., p. 266. The Bennett quote also appears in his books
Body Count: Moral Poverty . . . And How to Win America’s War Against Crime and Drugs
(New York: Simon & Schuster, 1996), and
The De-Valuing of America: The Fight for Our Culture and Our Children
(New York: Simon & Schuster, 1994).

31
. William Bennett, “The Top Drug Warrior Talks Tough,”
Fortune,
March 12, 1990.

32
.
Larry King Live,
CNN, June 15, 1989.

33
. Baum,
Smoke and Mirrors,
p. 280.

34
. Richard Morin, “Many in Poll Say Bush Plan Is Not Stringent Enough,”
Washington Post,
September 8, 1989.

35
. For a roundup of stories of DARE kids turning in their parents, see James Bovard, “DARE Scare: Turning Children into Informants?”
Washington Post,
January 29, 1994.

36
. Eric Slater and Sue Fox, “Ex-LAPD Chief Gates’ Son Arrested,”
Los Angeles Times,
October 11, 2004.

37
. “Edward Byrne Memorial State and Local Law Enforcement Assistance Program,” Program Brief, Bureau of Justice Assistance, August 2002. (Available at:
http://www.abtassociates.com/reports/byrne-formula.pdf
). The grants are named for Edward Byrne, a New York City police officer slain by drug dealers. The grants grew out of a similar program established under the expansion of LEAA in 1968. The grants also fund a number of criminal justice programs other than drug policing and task forces.

38
. Joint Chiefs of Staff,
Joint Counterdrug Operations,
Joint Publication 3-07.4 (2007).

39
“President’s Anti-Drug Plan Already Embroiled in Dispute,” Associated Press, September 5, 1989.

40
. Robert Wagman, “Anti-Drug Plan Under Fire by Many” (syndicated column), December 6, 1989.

41
. Lynn Norment, “Charles Rangel: The Front-Line General in the War on Drugs,”
Ebony
(March 1989). The article also includes an amazing ad encouraging
Ebony
’s mostly black readership to apply for jobs as DEA agents. The ad features a short profile of DEA special agent Michele Leonhart, who would go on to head the agency under Presidents Bush and Obama.

42
. Tony Mauro, “The War on Drugs: Are Our Rights on the Line?”
USA Today,
November 15, 1989.

43
. Milton Friedman, “An Open Letter to Bill Bennett,”
Wall Street Journal,
September 7, 1989.

44
. Dentinger, “Narc, Narc: Diary of Police Drug Raids on the Wrong Houses.”

45
. Doris Sue Wong,” Judge Assails Policy on Gangs; Calls Police Searches Unconstitutional,”
Boston Globe,
September 20, 1989. See also: Peter S. Canellos, “Youths Decry Search Tactics,”
Boston Globe,
January 14, 1990.

46
. Mike Kataoka, “County settles with man in mistaken drug raid,”
Riverside Press Enterprise,
February 11, 1994.

47
. Lorine Harris v. Milton Grimes, 104 Cal. App. 4th 180 (2002). “News from Southern California,” Associated Press, June 1, 2004.

48
. Jeffrey Yorke, “Show of Force,”
Washington Post,
May 18, 1988.

49
. “Police Officer Shot to Death in Drug Raid,” Associated Press, September 1, 1988; Jeffrey Yorke, “A Show of Force; Pr. George’s Unit
Strives to Dent Drug Traffic,”
The Washington Post,
May 19, 1988; “Drug Suspect WoundedBy Pr. George’s Police,”
The Washington Post,
October 28, 1982; James Rupert and Carlos Sanchez, “Pr. George’s Officer Shot in Drug Raid,”
The Washington Post,
September 1, 1988.

50
. Joseph F. Sullivan, “Police Gun’s Blast Kills Officer on a Drug Raid,”
The New York Times,
August 4, 1989.

51
. “Man Innocent of Police Murder During Drug Raid,” United Press International, August 17, 1989; Lynne Bumpus-Hooper, “DiGristine Sues Titusville Over Drug Raid,”
Orlando Sentinel,
February 15, 1990; Laurin Sellers, “Chase, No-Knock Rules for Police,”
Orlando Sentinel,
January 2, 1990.

52
. Francis P. Garland, “2 counties sued over Ripon truck stop slaying,”
Modesto Bee,
July 3, 1990; Stuart Gordon, “Shooting victim’s kin sues; Damages sought from owners of truck stop,”
Modesto Bee,
October 20, 1990; Frankie Garland, “Lawsuit Likely in Fatal Raid,”
Modesto Bee,
October 25, 1989; Michael Winters, “Raid’s Shock Still Felt,”
Modesto Bee,
February 15, 1994.

53
. Florida v. Riley, 488 US 445 (1989).

54
. George Orwell,
1984
(1949; reprint, New York: Penguin/Signet Classic, 1961), p. 2.

55
. The forfeiture figures are from Terrance G. Reed, “American Forfeiture Law: Property Owners Meet the Prosecutor,” Cato Policy Analysis 179 (Washington, DC: Cato Institute, September 29, 1992); the figures on SWAT teams are from Peter Kraska and Victor Kappeler, “Militarizing American Police: The Rise and Normalization of Paramilitary Units,”
Social Problems
44 (1, February 1997); the figures on SWAT teams in smaller cities are from Peter Kraska and Louis Cubellis, “Militarizing Mayberry and Beyond: Making Sense of Paramilitary Policing,”
Justice Quarterly
14 (4, December 1997).

Chapter 7: The 1990s—It’s All About the Numbers

1
. James Bovard, “Flash. Bang. You’re Dead,”
Playboy
(March 1, 2000): 201.

2
. Tom Hundley, “US Drafts Military in Drug Battle,”
Chicago Tribune,
February 11, 1990.

3
. Brad Knickerbocker, “Military Drafted in Effort to Find, Eradicate American ‘Pot’ Growers,”
Christian Science Monitor,
August 27, 1990.

4
. Figures are from Herb Robinson, “Disturbing Duty for National Guard,”
Seattle Times,
August 6, 1990; and “Tackling Illegal Drugs,”
The
ONGuard
(newspaper of the Army and Air National Guard) 22 (11, September 1993).

5
. John Painter Sr., “Police Launch Massive Drug Raid,”
The Oregonian,
July 22, 1989.

6
. Ann Everest, “Putting Dealers Out of Business,”
The ONGuard
22 (11, September 1993).

7
. Michael Isikioff, “Interest in Grateful Dead Was Not Musical,”
Washington Post,
August 14, 1990.

8
. Jerry Harkavy, “BIDE Tactics Help Drive Marijuana Legalization Effort,” Associated Press, April 8, 1992.

9
. Ed Vaughn, “National Guard Involvement in the Drug War,”
Justica
(December 1992), quoted in Bovard, “Flash. Bang. You’re Dead,” p. 201.

10
. Bovard, “Flash. Bang. You’re Dead,” p. 201.

11
. The Donald Carlson narrative is taken from Carlson’s prepared testimony before the House Legislation and National Security Committee hearing, “Review of Federal Asset Forfeiture Program,” June 22, 1993; Bill Moushey, “The Damage of Lies,”
Pittsburgh Post-Gazette,
November 29, 1998; Phillip J. LaVelle, “Excesses Blamed in ‘Bad’ Raids,”
San Diego Union-Tribune,
December 13, 1992; and Valerie Alvord, “Drug Agents Say Informants Are an Essential Weapon in the War on Drugs,”
San Diego Union-Tribune,
May 29, 1995.

12
. Myron Orfield Jr., “The Exclusionary Rule in Chicago,”
Search and Seizure Law Report
19 (December 1992): 9.

13
. Russell Jones, interview with the author, August 2012.

14
. Richard Van Duizend et al., “The Search Warrant Process: Preconceptions, Perceptions, Practices” (Williamsburg, VA: National Center for State Courts, 1985), quoted in David E. Steinberg, “Zealous Officers and Neutral Magistrates: The Rhetoric of the Fourth Amendment,”
Creighton Law Review
43 (June 2010): 1019.

15
. David Migoya, “Judges Rubber-Stamp No-Knocks; Easy Approval Among Flaws in Process, Records Show,”
Denver Post,
February 27, 2000.

16
. “Report of the Independent Commission on the Los Angeles Police Department,” Warren Christopher, chairman (1991), available at:
http://www.parc.info/client_files/Special%20Reports/1%20-%20Chistopher%20Commision.pdf
(accessed October 10, 2012).

17
. The Gallup Organization, Inc., reprinted at Sourcebook of Criminal Justice Statistics Online, “Respondents’ Perceptions of Police Brutality in Their Area” (table), available at:
http://www.albany.edu/sourcebook/pdf/t200012005.pdf
(accessed October 10, 2012).

18
. Norm Stamper,
Breaking Rank: A Top Cop’s Exposé of the Dark Side of American Policing
(New York: Nation Books, 2005), p. 162 (emphasis in original).

19
. The narrative of Norm Stamper’s demilitarization proposal in San Diego is from the author’s phone interviews with Stamper, September 2012, and from Stamper’s book,
Breaking Rank,
pp. 162–165.

20
. Tom Gabor, “Rethinking SWAT—Police Special Weapons and Tactical Units,”
FBI Law Enforcement Bulletin
(April 1993).

21
. Quoted in Steven Elbow, “Hooked on SWAT; Fueled with Drug Enforcement Money, Military-Style Police Teams Are Exploding in the Backwoods of Wisconsin,”
Madison Capital Times,
August 18, 2001.

22
. Timothy Egan, “Soldiers of the Drug War Remain on Duty,”
New York Times,
March 1, 1999.

23
. Christian Parenti, “SWAT Nation,”
The Nation,
May 31, 1999.

24
. New Haven Department of Police Service, “Crime Trends: 1990–2000: A Ten-Year Snapshot.” For a comparison with Connecticut crime rates, see US Department of Justice, Bureau of Justice Statistics, “Reported Crime in Connecticut.”

25
. Kit Miniclier, “Critics Say ‘No-Knocks’ Dangerous, Unnecessary,”
Denver Post,
January 27, 1995.

26
. Egan, “Soldiers of the Drug War Remain on Duty.”

27
. US Department of Justice, National Institute of Justice, “Department of Justice and Department of Defense Joint Technology Program: Second Anniversary Report” (February 1997).

28
. Michelle Alexander,
The New Jim Crow: Mass Incarceration in the Age of Colorblindness
(New York: New Press, 2012), pp. 141–145.

29
. The ABC
World News Tonight
episode, which aired March 28, 1996, is summarized in Peter Kraska and Victor Kappeler, “Militarizing American Police: The Rise and Normalization of Paramilitary Units,”
Social Problems
44 (1, February 1997).

30
. 18 USC § 3109.

31
. Wilson v. Arkansas, 514 US 927 (1995).

32
. Richards v. Wisconsin, 520 US 385 (1997).

33
. United States v. Ramirez, 523 US 65 (1998).

34
. G. Gordon Liddy,
The G. Gordon Liddy Show
(syndicated radio program), August 26, 1994.

35
. Ibid.

36
. The Ruby Ridge narrative is from Alan W. Bock,
Ambush at Ruby Ridge
(New York: Berkley, 1996); and US Department of Justice, “Department of Justice Report Regarding Internal Investigation of Shootings at Ruby Ridge, Idaho During Arrest of Randy Weaver” (1996), redacted
version available at:
http://www.byington.org/carl/ruby/ruby1.htm
(accessed October 30, 2012).

37
. The Waco narrative is from Tim Lynch, “No Confidence: An Unofficial Account of the Waco Incident,” Cato Policy Analysis 395 (Washington, DC: Cato Institute, April 9, 2001); Bovard, “Flash. Bang. You’re Dead”; and David B. Kopel and Paul H. Blackman,
No More Wacos: What’s Wrong with Federal Law Enforcement and How to Fix It
(Amherst, NY: Prometheus Books, 1997).

38
. In their book
No More Wacos,
Dave Kopel and Paul Blackman document numerous other incidents of botched raids, excessive force, and abuse of citizens at the hands of the ATF.

39
. The Elián González narrative is from Ed Vulliamy, “Elián González and the Cuban Crisis: Fallout from a Big Row over a Little Boy,”
The Guardian,
February 20, 2010; “The Elian Gonzalez Case,” PBS
Newshour
Online, articles and commentary available at:
http://www.pbs.org/newshour/bb/law/elian
(accessed November 10, 2012).

40
. Clarence Page, “Abuse by Immigration Agents Did Not Begin with Elian Case,”
Chicago Tribune,
May 16, 2000.

41
. Quoted in Will Saletan, “The Elian Pictures,”
Slate,
April 25, 2000.

42
. Ibid.

43
. Unless otherwise noted, the Peter Kraska narrative and the SWAT figures are from Peter Kraska and Louis Cubellis, “Militarizing Mayberry and Beyond: Making Sense of American Paramilitary Policing,”
Justice Quarterly
14 (4, December 1997); Peter Kraska and Victor Kappeler, “Militarizing American Police: The Rise and Normalization of Paramilitary Units,”
Social Problems
44 (1, February 1997); Peter Kraska, “The Military-Criminal Justice Blur: An Introduction,” and “Playing War: Masculinity, Militarism, and Their Real-World Consequences,” both in
Militarizing the American Justice System: The Changing Roles of the Armed Forces and the Police,
ed. Peter Kraska (Evanston, IL: Northwestern University Press, 2001); Peter Kraska, “Questioning the Militarization of US Police: Critical Versus Advocacy Scholarship,”
Policing and Society
9 (1999): 141–155; and author conversations with Kraska.