Tuesday, November 28, 2006

No knock tragedy

I came across this article about a "no knock" raid that resulted in the death of an 88 year old woman, Kathryn Johnston (I figured Radley Balco would be on this, and he is, here for starters).

As a lead in, my general point with this post is that unrestrained power leads to slop, and when guns are involved slop is very, very bad.

I also want to be clear that my issues with no-knock raids are not a dig on the police. Rather it's the opposite. I believe cops do a great job, and are more than capable of policing (keeping us safe, solving crimes, stopping crimes, etc) through contact, conversation, investigating, and building cases, just as they've done forever. The rise of the paramilitary option, with the "let's just go get 'em" mentality is hurting both the cops, and the bond between cops and civilians that all need for cops to be most effective.

Said another way, power and zeal lead to "just do it" as opposed to "do it right." (sorry Nike)

Two articles give color and flavor.

From CNN

Authorities said Johnston opened fire on police who tried to enter her home, prying off burglar bars and forcing open her door, during a "no-knock" drug raid. Officers returned fire, killing her.
Mrs. Johnson was described as being so afraid of crime in her neighborhood that she "wouldn't let neighbors who delivered groceries for her come into her home."

That being the case, even a cursory investigation by the police would indicate that one, they have the wrong house. Two, if they think there's a crime, they don't need SWAT to control the 88 year old lady that lives there.

" 'This is what you need to do. You need to cover our [rear]. ... It's all on you man. ... You need to tell them about this Sam dude.' "

Police say there was a man named Sam who is 6' tall and 250lbs who sells crack from the house, and that the house has a surveillance system. Again, even a quick check on the house would show both of those allegations false. But where did such info come from in the first place? This is where it gets interesting. Police say an informant gave it to them, the informant says he never said anything and that the police told him to back their story up. Neither is really good, but the latter is terrible. Here's what I don't get. People go nuts when the press prints a story based on one informant, why do the police get the right for a no-knock warrant, break through your doors and windows with guns drawn based on the testimony of one guy?

Part of me wonders what would happen if the Atlanta police department spent the money that went to SWAT, and all their cool toys, and used it to put more cops on the sidewalks of the neighborhood? Would coming out from behind the ski mask help cops know the people? Would a beat cop have said, "no one named Sam lives there, that's Mrs. Johnson's house."

Look I want to be clear, this isn't an anti-cop post. I love cops, my uncle was a cop, I wanted to be a cop when I was young. It's a dangerous and often thankless job. This is about the increased militarization of the police force and the dangers of ignoring the 4th Amendment. With these transformations come the loss of trust from the citizens, and not only does a loss of trust make police work harder, it leads to more and more mistakes like this, which lead to more loss of trust, which leads to more ski-masks.

The reliance on no-knock raids and the watered down search warrant provisions don't lead to less crime or greater protections. They're short-cuts, and like all short-cuts they look better in the short term, but fail in the long term. Taking the time to do things right is always the better way.

Finally, I wonder which does more harm to the neighborhood. Having "Sam" sell crack out of a house [added-for a month while police do investigative work], or having the police barge in and kill an 88 year old lady? I can't shake the feeling that the citizens of that neighborhood have been given one more reason to distrust the police. I also can't shake the feeling that if there was no such thing as a no-knock warrant, and the police did actual police work, not only would Mrs. Johnson still be alive, but the real "Sam" would have been caught.

PS. It's only a matter of time before someone figures out that no-knock intrusions are a great way to break into a house. Since by law the police do not have to identify themselves, or show proof of warrant, there is no protection against criminals using this method. It will happen in reality, or someone will make it part of a TV show or movie. I'm writing this last part to be a chicken little, I just want H-blog readers to be ahead of the curve, real or Hollywood. It's my gift to you.

2 comments:

Anonymous said...

read some more of Balko. You will find that people ALREADY are using these tactics to break into houses. It's disturbing.

Muscles for Justice said...

Ever seen the movie Brazil?

The one-source in journalism analogy is spot on.