The militarization of American policing

swatOn Jan. 4 of last year, a local narcotics strike force conducted a raid on the Ogden, Utah, home of Matthew David Stewart at 8:40 p.m. The 12 officers were acting on a tip from Mr. Stewart’s former girlfriend, who said that he was growing marijuana in his basement. Mr. Stewart awoke, naked, to the sound of a battering ram taking down his door. Thinking that he was being invaded by criminals, as he later claimed, he grabbed his 9-millimeter Beretta pistol.

The police say that they knocked and identified themselves, though Mr. Stewart and his neighbors said they heard no such announcement. Mr. Stewart fired 31 rounds, the police more than 250. Six of the officers were wounded, and Officer Jared Francom was killed. Mr. Stewart himself was shot twice before he was arrested. He was charged with several crimes, including the murder of Officer Francom.

The police found 16 small marijuana plants in Mr. Stewart’s basement. There was no evidence that Mr. Stewart, a U.S. military veteran with no prior criminal record, was selling marijuana. Mr. Stewart’s father said that his son suffered from post-traumatic stress disorder and may have smoked the marijuana to self-medicate.

Early this year, the Ogden city council heard complaints from dozens of citizens about the way drug warrants are served in the city. As for Mr. Stewart, his trial was scheduled for next April, and prosecutors were seeking the death penalty. But after losing a hearing last May on the legality of the search warrant, Mr. Stewart hanged himself in his jail cell.

The police tactics at issue in the Stewart case are no anomaly. Since the 1960s, in response to a range of perceived threats, law-enforcement agencies across the U.S., at every level of government, have been blurring the line between police officer and soldier. Driven by martial rhetoric and the availability of military-style equipment—from bayonets and M-16 rifles to armored personnel carriers—American police forces have often adopted a mind-set previously reserved for the battlefield. The war on drugs and, more recently, post-9/11 antiterrorism efforts have created a new figure on the U.S. scene: the warrior cop—armed to the teeth, ready to deal harshly with targeted wrongdoers, and a growing threat to familiar American liberties.

The acronym SWAT stands for Special Weapons and Tactics. Their usual aim is to “clear” a building—that is, to remove any threats and distractions (including pets) and to subdue the occupants as quickly as possible.

The number of raids conducted by SWAT-like police units has grown accordingly. In the 1970s, there were just a few hundred a year; by the early 1980s, there were some 3,000 a year. In 2005 there were approximately 50,000 raids.

A number of federal agencies also now have their own SWAT teams, including the Fish & Wildlife Service, NASA and the Department of the Interior. In 2011, the Department of Education’s SWAT team bungled a raid on a woman who was initially reported to be under investigation for not paying her student loans, though the agency later said she was suspected of defrauding the federal student loan program.

The details of the case aside, the story generated headlines because of the revelation that the Department of Education had such a unit.

Americans have long been wary of using the military for domestic policing. Concerns about potential abuse date back to the creation of the Constitution, when the founders worried about standing armies and the intimidation of the people at large by an overzealous executive, who might choose to follow the unhappy precedents set by Europe’s emperors and monarchs. – WSJ

Miners shot in the back says lawyer

Fourteen of the 34 Lonmin platinum miners killed by the police in August were shot in the back, a judicial inquiry into the Marikana shooting heard on Monday.

“All fatal projectile wounds were sustained from the back,” advocate Dumisa Ntsebeza told the Farlam commission at the Rustenburg Civic Centre, North West.

“Those who were killed were unlawfully killed by SAPS [the SA Police Service],” he said in his opening remarks.

On 16 August the police opened fire while trying to disperse a group of striking mineworkers encamped on a hill in Nkaneng, killing 34 and wounding 78.

The workers had been carrying knobkerries, pangas, sticks, and iron rods.

The miners went on strike on 10 August, demanding a monthly salary of R12 500. Within four days, 10 people had been killed, two of them policemen and two of them security guards.

Ntsebeza represents the Eastern Cape families of 20 of the men who died.

The family members, many of the women wearing black and blue mourning clothes, sat in the first two front rows of the auditorium at the hearing.

Ntsebeza said the police had claimed the mineworkers charged at officers because they had taken muti (traditional medicine) which made them feel invincible. This was the police’s justification for killing them.

“For us, the subtext of this justification… is that the miners, according to them [police], acted like possessed men, that they had to be destroyed like vermin and that they were destroyed like vermin,” he said.

“Whatever the truth of that tragic day, it cannot be that the SAPS could not have acted differently. [They] could and should have brought the gathering to an end peacefully and without loss of life,” Ntsebeza said.

He said his team would contend that every step the police took leading up to 16 August, and on the day itself, made the workers’ deaths foreseeable and inevitable.

Ntsebeza agreed it was the police’s job to disarm people and disperse gatherings, and that the way they had done so in Marikana was not legitimate.

“The manner and timing… invited injury and death as well.”

He said the police’s decision to send National Union of Mineworkers and Association of Mineworkers and Construction Union officials to discuss the striking workers’ demands was not the correct one.

“SAPS officers on the scene must have known workers were not under the control of the unions… This was a public order issue, not a labour issue,” said Ntsebeza.

It appeared the police had not given the mineworkers an official order to disperse, but rather an ultimatum, and had encircled and entrapped the protesters with barbed wire.

“Blocking the miners’ dispersal route to Nkaneng informal settlement… [they] had no choice but to move in numbers towards police with nowhere else to go,” he said.

“Some of these miners were shot in the back and the back of the head while trying to get away.”

Ntsebeza said the police’s response to the protest was aggressive, misguided, disproportionate, unreasonable, and unlawful. – Sapa