Rise of the Warrior Cop (66 page)

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Authors: Radley Balko

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40
. Bureau of Justice Statistics, “Selected Findings,” in US Department of Justice, “Guns Used in Crime” (Washington, DC: US Department of Justice, July 1995).

41
. Edie Gross, “SWAT: ‘Be Safe, Be Strong, Be Mean!’”
Palm Beach Post,
June 8, 1997.

42
. Edward Ericson Jr., “Commando Cops,”
Orlando Weekly,
May 7, 1998.

43
. David Doddridge, interview with the author, August 2007.

44
. Eric Morgan and David Kopel, “The Assault Weapon Panic: ‘Political Correctness’ Takes Aim at the Constitution,” Paper 1291 (Denver, CO: Independence Institute, October 10, 1991).

45
. Joseph McNamara, “50 Shots,”
Wall Street Journal,
November 29, 2006.

46
. Fox Butterfield, “When the Police Shoot, Who’s Counting,”
New York Times,
April 29, 2001.

47
. Ibid.

48
. Alan Maimon, “National Data on Shootings by Police Not Collected,”
Las Vegas Review-Journal,
November 28, 2011.

49
. Abbie Boudreau and Scott Zamost, “FBI Agents Speak Out on Injuries from Faulty Grenades,”
CNN.com
, November 17, 2008.

50
. “NC SWAT Officer Killed at Home by Flash Bang,” WSOC-TV, February 26, 2011.

51
. Lou Michel, “FBI Agent Remains Hospitalized,”
Buffalo News,
December 7, 2001.

52
. Clay Conrad, interview with the author, February 2010.

53
. Carol Comegno, “Judge: ‘Flash Bang’ Grenade Unnecessary,”
Courier-Post,
August 28, 2008.

54
. Zach Benoit, “Grenade Burns Sleeping Girl as SWAT Team Raids Billings Home,” October 12, 2012.

55
. Mara H. Gottfried, “St. Paul to Pay Record-Tying $400K in Police Violence Case,”
St. Paul Pioneer-Press,
November 6, 2012.

56
. Donald E. Wilkes, “Explosive Dynamic Entry,”
Flagpole,
July 30, 2003.

57
. Lenora Menai, “Rap Group Denounces Police Raid,”
St. Petersburg Times,
June 14, 2001.

58
. Ric Kahn and Zachary R. Dowdy, “‘Iron Fist’ of Police; SWAT Team Use Questioned,”
Boston Globe,
May 11, 1998.

59
. Joseph McNamara, interview with the author, August 2012.

60
. Spradley v. State, 933 So.2d 51 (Fla. Dist. Ct. App. 2d Dist. 2006).

61
. For a list of such cases, see the page maintained by University of Georgia law professor Donald E. Wilkes Jr., “Explosive Dynamic Entry,” available at:
http://www.law.uga.edu/dwilkes_more/46explosive.html
.

62
. Boyd v. Benton County, 374 F.3d 773 (2004).

63
. The Culosi narrative is from author interviews, research of court documents and materials, and reporting.

64
. Tim McGlone, “Beach SWAT Team Cleared in Shooting; Family Spokesman Cites Guard’s Dying Words, Says Report Contradictory,”
Virginian-Pilot,
November 13, 1998.

65
. Justin Fenton, “Baltimore Co. Police Bust Illegal Poker Game in Edgemere,”
Baltimore Sun,
February 16, 2011.

66
. Meg Kinnard, “Is It Skill or Gambling? Poker Players Watch as SC Judge Considers Legality of Texas Hold ’Em,” Associated Press, January 29, 2009.

67
. “Texas Close ’Em,” Reason.tv, December 3, 2007.

68
. Gene Smith, “Oh No! It’s a Raid!”
Fayetteville Observer,
April 7, 2007.

69
. Radley Balko, “Poker Game Turns into Gunfight,”
Reason.com
, November 5, 2010; “73-Year-Old Sentenced for Poker Raid Shootout,”
WYFF.com
, October 25, 2011.

70
. Jeff Weiner, “Criminal Barbering? Raids at Orange County Shops Lead to Arrests, Raise Questions,”
Orlando Sentinel,
January 4, 2013.

71
. Thomas MacMillan, “DeStefano: We Shouldn’t Have Sent SWAT Team,”
New Haven Independent,
October 8, 2010.

72
. Dayna Bagby, “Atlanta City Council Settles Third Eagle Lawsuit for $330,000,”
GAVoice,
March 19, 2012.

73
Club Retro LLC v. Hilton (5th Cir. 2009).

74
. Swint v. Wadley, 51 F.3d 988 (1994).

75
. The Ruttenberg narrative is from author interviews and reporting. See also Ruttenberg v. Jones (4th Cir. 2010) (unpublished).

76
. Bellotte v. Edwards, 629 F.3d 415, No. 10-1115 (4th Cir. 2011).

77
. See Mike Masnick, “SWAT Team Raids Home Because Guy Had an Open Wireless Router,” TechDirt, April 25, 2011; and Nate Anderson, “SWAT Team Throws Flashbangs, Raids Wrong Home Due to Open WiFi Network,” Ars Technica, June 28, 2012.

78
. Sean Gregory, “10 Questions for Shaquille O’Neal,”
Time,
October 30, 2006.

79
. Tim Kenneally, “Steven Seagal Lawsuit: Don’t Bring a Tank to a Cockfight,”
TheWrap.com
, March 8, 2012.

80
. See Steve Silberman, “Don’t Try This at Home,”
Wired,
June 2006.

81
. See Naureen Khan, “Man whose home was searched cries foul in koi case,” Austin-American Statesman online, July 16, 2010, available at:
http://www.statesman.com/blogs/content/sharedgen/blogs/austin/blotter/entries/2010/07/16/man_cries_foul_in_koi_fish_cas.html
.

82
. Radley Balko, “Dogs Caught in a Deadly Crossfire,”
The Daily Beast,
July 19, 2009.

83
. Joseph Pentangelo, interview with the author, July 2009.

84
. Norm Stamper, interview with the author, August 2012.

85
. Russ Jones, interview with the author, August 2012.

86
. Mackenzie Carpenter, “The Reluctant Poster Boy,”
Pittsburgh Post-Gazette,
October 4, 2009.

87
. Radley Balko, “Scenes from a Crackdown,”
Reason,
October 5, 2009.

88
. Pat Pheifer, “Few Arrested at RNC Face Charges,”
Minneapolis Star-Tribune,
February 20, 2009.

89
. Felisa Cardona, “Undercover Cops Were Among the Unruly at DNC,”
Denver Post,
November 6, 2008.

90
. Ernest Luning, “Denver Police ‘Beat the Crowds’ T-shirt No Laughing Matter, Protesters Charge,”
Colorado Independent,
September 25, 2008.

91
. “Scott Olsen, Iraq War Veteran Hurt in Occupy Oakland Protests, Leaves Hospital,” Associated Press, November 13, 2011.

92
. Colin Moynihan, “Three Sue over Pepper-Spraying by Police at Fall Occupy Wall St. Protest,”
New York Times,
July 31, 2012.

93
. Steven Greenhut, “Conservatives Side with Pepper-Spraying Thugs,”
LewRockwell.com
, November 23, 2011.

94
. Jesse Walker, “Report: When Obama Became President, Right-Wing Violence Fell,”
Reason.com
, January 22, 2013; Spencer Ackerman, “Report: US Muslim Terrorism Was Practically Nil in 2012,”
Wired,
February 1, 2013.

95
. Bill Morlin, “Ruby Ridge Carved Niche in History,”
Idaho Spokesman-Review,
August 19, 2012.

96
. Craig Barrett, “From the Program Manager,”
All Points Bulletin
3 (1, October 2011), published by the Law Enforcement Support Office.

97
. G. W. Schulz and Andrew Becker, “Free Military Surplus Gear a Boon to Local Calif. Law Enforcement,” California Watch, March 29, 2012.

98
. Charles Earl Barnett, interview with the author, August 2008.

99
. Scarlet Sims, “The Case of the .50 Caliber Rifle,”
Log Cabin Democrat,
September 26, 2012.

100
. Donovan Slack, “Even Small Localities Got Big Guns,”
Boston Globe,
June 15, 2009.

101
. Avina v. US, 681 F.3d 1127, No. 11-55004 (9th Cir. 2012). See also Mike Riggs, “Here’s How the Obama Administration Defended DEA Agents Who Put a Gun to a Little Girl’s Head,”
Reason.com
, June 19, 2012.

102
. David Frum,
How We Got Here: The 70s: The Decade That Brought You Modern Life—For Better or Worse
(New York: Basic Books, 2000).

103
. Ed Burns, interview with the author.

104
. Jim Stewart, “Use of SWAT Teams Up Greatly Across the Country,”
CBS This Morning,
December 9, 1997.

105
. Michael Cooper, “As Number of Police Raids Increase, So Do Questions,”
New York Times,
May 26, 1998; Al Guart, “‘Spruill Effect’ on Drug Busts,”
New York Post,
January 25, 2004; Brian A. Reaves, “Federal Law Enforcement Officers, 1996”; Brian A. Reaves, “Federal Law Enforcement Officers, 2008,” US Department of Justice, Bureau of Justice Statistics; “Johnston Police Use Military Surplus Assault Rifles, Humvees to Train, Equip SWAT Team,”
Providence Journal,
December 5, 2012.

Chapter 9: Reform

1
. The Calvo raid narrative is from multiple author interviews with Cheye Calvo, other reporting by the author, and April Witt, “Deadly Force,”
Washington Post Magazine,
February 1, 2009; Cheye Calvo, “Berwyn Heights Mayor Cheye Calvo Recounts Errant SWAT Raid,”
Washington Post,
September 20, 2009; Cheye Calvo, “Should No-Knock Police Raids Be Rare or Routine?” partial transcript of his speech at a Cato Institute Policy forum, published in
Cato Policy Report
(November-December 2008); Cheye Calvo, “Live Chat with Mayor Cheye Calvo,”
TheAgitator.com
, February 26, 2009; “Deadly Force” (live chat with Cheye Calvo and April Witt),
WashingtonPost.com
, February 2, 2009.

2
. See Maryland House Bill 577, signed into law May 26, 2005, available at:
http://mgaleg.maryland.gov/2010rs/bills/hb/hb0577f.pdf
.

3
. Rosalind S. Helderman, “Pr. George’s Officers Lacked ‘No-Knock’ Warrant in Raid,”
Washington Post,
August 6, 2008.

4
. Daniel Valentine, “Prince George’s Council Confirms Magaw as Police Chief,”
Gazette.net
, July 6, 2011.

5
. Ruben Castanada, “Lawyers Find Fault with Pr. George’s Drug Arrests,”
Washington Post,
October 14, 2008.

6
. Marc Fisher, “No Police Work in This Botched Action,”
Washington Post,
September 14, 2008.

7
. Rosalind S. Helderman and Aaron C. Davis, “Pr. George’s Police Arrest 2 in Marijuana-Shipping Plot,”
Washington Post,
August 7, 2008.

8
. “Deadly Force” (live chat with Cheye Calvo and April Witt),
WashingtonPost.com
.

9
. Michelle Gielan, “Mayor’s Dogs Killed in Drug Raid,”
CBS Early Show,
August 8, 2008.

10
. Daniel Valentine, “Johnson: County on Good Path,”
Gazette.net
, October 23, 2008.

11
. Rosalind S. Helderman and Aaron C. Davis, “Killing of Mayor’s 2 Dogs Justified, Pr. George’s Finds,”
Washington Post,
September 5, 2008.

12
. CNN
American Morning,
August 8, 2008.

13
. “Deputies Raid Wrong Address, Kill Couple’s Dog,” WJLA-7, Washington, DC, November 19, 2007.

14
. Rosalind S. Helderman and Aaron C. Davis, “FBI to Review Raid That Killed Mayor’s Dogs,”
Washington Post,
August 8, 2008.

15
. Brendan Kearney, “Family Sues Howard County over Dog Shooting,”
The Daily Record,
July 28, 2009.

16
. Mike Santa Rita, “Two County Residents Detail Police Raids,”
Columbia Flier,
March 3, 2009.

17
. Don Markus, “Questionable Force,”
Baltimore Sun,
March 1, 2009.

18
. Cheye Calvo, “Statement of Berwyn Heights Mayor Cheye Calvo on Passage of SWAT Team Reporting Legislation” (press release), April 9, 2009.

19
. Peter Hermann, “Numbers Paint Portrait of SWAT Team Use,”
Baltimore Sun,
February 24, 2010.

20
. Ruben Castaneda, “Settlement in Md. Town Mayor’s Lawsuit,”
Washington Post,
January 24, 2011.

21
. Donald Santarelli, interview with the author, August 2012.

22
. See “Monks Arrested In SWAT Team Action,” KETV Omaha, February 24, 2006, available at:
http://www.ketv.com/Monks-Arrested-In-SWAT-Team-Action/-/9675214/10073774/-/13mbrtfz/-/index.html
.

23
. Stephen Downing, interview with the author, August 2012.

24
. Neill Franklin, interview with the author, August 2012.

25
. Norm Stamper, interview with the author, August 2012.

26
. Ibid.

27
. Neill Franklin, interview with the author, August 2012.

28
. Carolyn Carlson, “Email Reveals Shocked Sheriff,”
Albuquerque Journal,
December 21, 2006.

29
. Russell Jones, interview with the author, August 2012.

INDEX

ABC News,
195
,
209

Abolitionists,
20

Accountability,
34
,
39
,
125
,
242
,
261
,
268–269
,
280
,
297
,
304
,
319
,
328–331
,
334
,
335

ACLU,
156
,
163
,
247
,
257
,
295

Adams, John,
xi
,
1
,
10
,
15

Adams, Sam,
15

Administrative searches,
284–285

Afghanistan,
251

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