Jason Westcott was afraid.
One night last fall, he discovered via Facebook that a friend of a friend was planning with some co-conspirators to break in to his home. They were intent on stealing Wescott’s handgun and a couple of TV sets. According to the Facebook message, the suspect was planning on āburningā Westcott, who promptly called the Tampa Bay police and reported the plot.
According to theĀ Tampa Bay Times, the investigating officers responding to Westcottās call had a simple message for him: āIf anyone breaks into this house, grab your gun and shoot to kill.ā
Around 7:30 pm on May 27th, the intruders arrived. Westcott followed the officersā advice, grabbed his gun to defend his home, and died pointing it at the intruders.Ā They used a semiautomatic shotgun and handgun to shoot down the 29-year-old motorcycle mechanic.Ā He was hit three times, once in the arm and twice in his side, and pronounced dead upon arrival at the hospital.
The intruders, however, werenāt small-time crooks looking to make a small score. Rather they were members of the Tampa Bay Police Departmentās SWAT team, which was executing a search warrant on suspicion that Westcott and his partner were marijuana dealers. They had been tipped off by a confidential informant, whom they drove to Westcottās home four times between February and May to purchase small amounts of marijuana, at $20-$60 a pop. The informer notified police that he saw two handguns in the home, which was why the Tampa Bay police deployed a SWAT team to execute the search warrant.
In the end, the same police department that told Westcott to protect his home with defensive force killed him when he did. After searching his small rental, the cops indeed found weed, two dollars’ worth, and one legal handgun — the one he was clutching when the bullets ripped into him.
Welcome to a new era of American policing, where cops increasingly see themselves as soldiers occupying enemy territory, often with the help of Uncle Samās armory, and where even nonviolent crimes are met with overwhelming force and brutality.
The War on Your Doorstep
The cancer of militarized policing has long been metastasizing in the body politic.Ā It has been growing ever stronger since the first Special Weapons and Tactics (SWAT) teams were born in the 1960s in response to that decadeās turbulent mix of riots, disturbances, and senseless violence like Charles Whitmanās infamous clock-towerĀ rampageĀ in Austin, Texas.
While SWAT isnāt the only indicator that the militarization of American policing is increasing, it is the most recognizable. The proliferation of SWAT teams across the country and their paramilitary tactics have spread a violent form of policing designed for the extraordinary but in these years made ordinary. When the concept of SWAT arose out of theĀ PhiladelphiaĀ andĀ Los Angeles Police Departments, it was quickly picked up by big city police officials nationwide.Ā Initially, however, it was an elite force reserved for uniquely dangerous incidents, such as active shooters, hostage situations, or large-scale disturbances.
Nearly a half-century later, thatās no longer true.
In 1984, according to Radley Balko’sĀ Rise of the Warrior Cop, about 26% of towns with populations between 25,000 and 50,000 had SWAT teams. By 2005, that number had soared to 80% and itās still rising, though SWAT statistics are notoriously hard to come by.
As the number of SWAT teams has grown nationwide, so have the raids. Every year now, there are approximatelyĀ 50,000 SWAT raidsĀ in the United States, according to Professor Pete Kraska of Eastern Kentucky Universityās School of Justice Studies. In other words, roughly 137 times a day a SWAT team assaults a home and plunges its inhabitants and the surrounding community into terror.
Upping the Racial Profiling Ante
In a recently released report, āWar Comes Home,ā the American Civil Liberties Union (my employer) discovered that nearly 80% of all SWAT raids it reviewed between 2011 and 2012 were deployed to execute a search warrant.
Pause here a moment and consider that these violent home invasions are routinely used against people who are only suspected of a crime. Up-armored paramilitary teams now regularly bash down doors in search of evidence of a possible crime. In other words, police departments increasingly choose a tactic that often results in injury and property damage as its first option, not the one of last resort. In more than 60% of the raids the ACLU investigated, SWAT members rammed down doors in search of possible drugs, not to save a hostage, respond to a barricade situation, or neutralize an active shooter.
On the other side of that broken-down door, more often than not, are blacks and Latinos. When the ACLU could identify the race of the person or people whose home was being broken into, 68% of the SWAT raids against minorities were for the purpose of executing a warrant in search of drugs. When it came to whites, that figure dropped to 38%, despite the well-known fact that blacks, whites, and Latinos all use drugs atĀ roughly the same rates. SWAT teams, it seems, have a disturbing record of disproportionately applying their specialized skill set within communities of color.
Think of this as racial profiling on steroids in which the humiliation of stop and frisk is raised to a terrifying new level.
Everyday Militarization
Donāt think, however, that the military mentality and equipment associated with SWAT operations are confined to those elite units. Increasingly, theyāre permeating all forms of policing.
As Karl Bickel, a senior policy analyst with the Justice Departmentās Community Policing Services office,Ā observes, police across America are being trained in a way that emphasizes force and aggression. HeĀ notesĀ that recruit training favors a stress-based regimen thatās modeled on military boot camp rather than on the more relaxed academic setting a minority of police departments still employ. The result, he suggests, is young officers who believe policing is about kicking ass rather than working with the community to make neighborhoods safer. Or as comedian Bill MaherremindedĀ officers recently: āThe words on your car, āprotect and serve,ā refer to us, not you.ā
This authoritarian streak runs counter to the core philosophy that supposedly dominates twenty-first-century American thinking:Ā community policing.Ā Its emphasis is on a mission of ākeeping the peaceā by creating and maintaining partnerships of trust with and in the communities served. Under theĀ community model, which happens to be theĀ official policing philosophyĀ of the U.S. government, officers are protectors but also problem solvers who are supposed to care, first and foremost, about how their communities see them. They donāt command respect, the theory goes: they earn it. Fear isnāt supposed to be their currency. Trust is.
Nevertheless, police recruiting videos, as in those from CaliforniaāsĀ Newport Beach Police DepartmentĀ and New MexicoāsĀ Hobbs Police Department, actively play up not the community angle but militarization as a way of attracting young men with the promise of Army-style adventure and high-tech toys. Policing, according to recruiting videos like these, isnāt about calmly solving problems; itās about you and your boys breaking down doors in the middle of the night.
SWATās influence reaches well beyond that.Ā Take theĀ increasing adoptionĀ of battle-dress uniforms (BDUs) for patrol officers. These militaristic, often black, jumpsuits, Bickel fears, make them less approachable and possibly also more aggressive in their interactions with the citizens theyāre supposed to protect.
A small project at Johns Hopkins University seemed to bear this out. People were shown pictures of police officers in their traditional uniforms and in BDUs. Respondents, the survey indicated, would much rather have a police officer show up in traditional dress blues. Summarizing its findings, BickelĀ writes, āThe more militaristic look of the BDUs, much like what is seen in news stories of our military in war zones, gives rise to the notion of our police being an occupying force in some inner city neighborhoods, instead of trusted community protectors.ā
Where Do They Get Those Wonderful Toys?
āI wonder if I can get in trouble for doing this,ā the young man says to his buddy in the passenger seat as they film the Saginaw County Sheriff Officeās new toy: a Mine Resistant Ambush Protected (MRAP) vehicle. As they film the MRAP from behind, theirĀ amateur videoĀ has aĀ Red Dawn-esque feel, as if an occupying military were now patrolling this Michigan countyās streets. āThis is getting ready for f**king crazy times, dude,ā one young man comments. āWhy,ā his friend replies, āhas our city gotten that f**king bad?ā
In fact, nothing happening in Saginaw County warranted the deployment of an armored vehicle capable of withstanding bullets and the sort of improvised explosive devices that insurgent forces have regularly planted along roads in Americaās recent war zones.Ā Sheriff William Federspiel, however, fears the worst. “As sheriff of the county, I have to put ourselves in the best position to protect our citizens and protect our property,” heĀ toldĀ a reporter. “I have to prepare for something disastrous.”
Lucky for Federspiel, his exercise in paranoid disaster preparedness didnāt cost his office a penny. ThatĀ $425,000 MRAPĀ came as a gift, courtesy of Uncle Sam, from one of our far-flung counterinsurgency wars. The nasty little secret of policingās militarization is that taxpayers are subsidizing it through programs overseen by the Pentagon, the Department of Homeland Security, and the Justice Department.
Take the 1033 program. The Defense Logistics Agency (DLA) may be an obscure agency within the Department of Defense, but through the 1033 program, which it oversees, itās one of the core enablers of American policingās excessive militarization. Beginning in 1990, CongressĀ authorizedĀ the Pentagon to transfer its surplus property free of charge to federal, state, and local police departments to wage the war on drugs. In 1997, CongressĀ expanded the purposeĀ of the program to include counterterrorism in section 1033 of the defense authorization bill. In one single page of a 450-page law, Congress helped sow the seeds of todayās warrior cops.
The amount of military hardware transferred through the program has grown astronomically over the years. In 1990, the Pentagon gave $1 million worth of equipment to U.S. law enforcement. That number had jumped to nearly $450 million in 2013. Overall, the program has shipped off more than $4.3 billion worth of materiel to state and local cops,Ā according to the DLA.
In its recent report, the ACLU found a disturbing range of military gear being transferred to civilian police departments nationwide. Police in North Little Rock, Arkansas, for instance, received 34 automatic and semi-automatic rifles, two robots that can be armed, military helmets, and a Mamba tactical vehicle. Police in Gwinnet County, Georgia, received 57 semi-automatic rifles, mostly M-16s and M-14s. The Utah Highway Patrol, according to aĀ Salt Lake City Tribuneinvestigation, got an MRAP from the 1033 program, and Utah police received 1,230 rifles and four grenade launchers. After South Carolinaās Columbia Police Department received its very own MRAP worth $658,000, its SWAT Commander Captain E.M. MarshĀ notedĀ that 500 similar vehicles had been distributed to law enforcement organizations across the country.
Astoundingly, one-third of all war materiel parceled out to state, local, and tribal police agencies is brand new. This raises further disconcerting questions: Is the Pentagon simply wasteful when it purchases military weapons and equipment with taxpayer dollars? Or could this be another downstream, subsidized market for defense contractors? Whatever the answer, the Pentagon is actively distributing weaponry and equipment made for U.S. counterinsurgency campaigns abroad to police who patrol American streets and this is considered sound policy in Washington. The message seems striking enough: what might be necessary for Kabul might also be necessary for DeKalb County.
In other words, the twenty-first-century war on terror has melded thoroughly with the twentieth-century war on drugs, and the result couldnāt be anymore disturbing: police forces that increasingly look and act like occupying armies.
How the Department of Homeland Security and the Department of Justice Are Up-Armoring the Police
When police departments look to muscle up their arms and tactics, the Pentagon isnāt the only game in town. Civilian agencies are in on it, too.
During aĀ 2011 investigation, reporters Andrew Becker and G.W. Schulz discovered that, since 9/11, police departments watching over some of the safest places in America have used $34 billion in grant funding from the Department of Homeland Security (DHS) to militarize in the name of counterterrorism.
In Fargo, North Dakota, for example, the city and its surrounding county went on an $8 million spending spree with federal money, according to Becker and Schulz. Although the area averaged less than two murders a year since 2005, every squad car is now armed with an assault rifle. Police also have access to Kevlar helmets that can stop heavy firepower as well as an armored truck worth approximately $250,000. In Philadelphia, Pennsylvania, 1,500 beat cops have been trained to use AR-15 assault rifles with homeland security grant funding.
As with the 1033 program, neither DHS nor state and local governments account for how the equipment, including body armor and drones, is used. While the rationale behind stocking up on these military-grade supplies is invariably the possibility of a terrorist attack, school shooting, or some other horrific event, the gear is normally used to conduct paramilitary drug raids, as Balko notes.
Still, the most startling source of police militarization is the Department of Justice, the very agency officially dedicated to spreading the community policing model through its Community Oriented Policing Services office.
In 1988, CongressĀ authorizedĀ the Byrne grant programs in the Anti-Drug Abuse Act,Ā which gave state and local police federal funds to enlist in the governmentās drug war. That grant program, according to Balko, led to the creation of regional and multi-jurisdictional narcotics task forces, which gorged themselves on federal money and, with little federal, state, or local oversight, spent it beefing up their weapons and tactics. In 2011, 585 of these task forcesĀ operatedĀ off of Byrne grant funding.
The grants, Balko reports, also incentivized the type of policing that has made the war on drugs such a destructive force in American society. The Justice Department doled out Byrne grants based on how many arrests officers made, how much property they seized, and how many warrants they served. The very things these narcotics task forces did very well. āAs a result,ā Balko writes, āwe have roving squads of drug cops, loaded with SWAT gear, who get money if they conduct more raids, make more arrests, and seize more property, and they are virtually immune to accountability if they get out of line.ā
Regardless of whether this militarization has occurred due to federal incentives or executive decision-making in police departments or both, police across the nation are up-armoring with little or no public debate. In fact, when the ACLU requested SWAT records from 255 law enforcement agencies as part of its investigation, 114 denied them. The justifications for such denials varied, but included arguments that the documents contained ātrade secretsā or that the cost of complying with the request would be prohibitive. Communities have a right to know how the police do their jobs, but more often than not, police departments think otherwise.
Being the Police Means Never Having to Say Youāre Sorry
Report by report, evidence is mounting that Americaās militarized police are a threat to public safety. But in a country where the cops increasingly look upon themselves as soldiers doing battle day in, day out, thereās no need for public accountability or even an apology when things go grievously wrong.
If community policing rests on mutual trust between the police and the people, militarized policing operates on the assumption of āofficer safetyā at all costs and contempt for anyone who sees things differently. The result is an āus versus themā mentality.
Just ask the parents of Bou Bou Phonesavanh. Around 3:00 a.m. on May 28th, the Habersham County Special Response Team conducted a no-knock raid at a relativeās home near Cornelia, Georgia, where the family was staying. The officers were looking for the homeownerās son, whom they suspected of selling $50 worth of drugs to a confidential informant. Ā As it happened, he no longer lived there.
Despite evidence that children were present — a minivan in the driveway, childrenās toys littering the yard, and a Pack ān Play next to the door — a SWAT officer tossedĀ a āflashbangā grenadeĀ into the home. It landed in 19-month-old Bou Bouās crib and exploded, critically wounding the toddler. When his distraught mother tried to reach him, officers screamed at her to sit down and shut up, telling her that her child was fine and had just lost a tooth. In fact, his nose was hanging off his face, his body had been severely burned, and he had a hole in his chest. Rushed to the hospital, Bou Bou had to be put into a medically induced coma.
The police claimed that it was all a mistake and that there had been no evidence children were present. āThere was no malicious act performed,ā Habersham County Sheriff Joey TerrellĀ toldĀ theĀ Atlanta Journal-Constitution. āIt was a terrible accident that was never supposed to happen.ā The Phonesavanhs have yet to receive an apology from the sheriffās office. āNothing. Nothing for our son. No card. No balloon. Not a phone call. Not anything,ā Bou Bouās mother, Alecia Phonesavanh,Ā toldĀ CNN.
Similarly, Tampa Bay Police Chief Jane Castor continues to insist that Jay Westcottās death in the militarized raid on his house was his own fault. Ā “Mr. Westcott lost his life because he aimed a loaded firearm at police officers. You can take the entire marijuana issue out of the picture,” CastorĀ said. “If there’s an indication that there is armed trafficking going on — someone selling narcotics while they are armed or have the ability to use a firearm — then the tactical response team will do the initial entry.”
In her defense of the SWAT raid, Castor simply dismissed any responsibility for Westcottās death. āThey did everything they could to serve this warrant in a safe manner,ā sheĀ wroteĀ theĀ Tampa Bay Times —Ā āeverything,ā that is, but find an alternative to storming the home of a man they knew feared for his life.
Almost half of all American households report having a gun, as the ACLUĀ notesĀ in its report. That means the police always have a ready-made excuse for using SWAT teams to execute warrants when less confrontational and less violent alternatives exist.
In other words, if police believe youāre selling drugs, beware. Suspicion is all they need to turn your world upside down. And if theyāre wrong, donāt worry; the intent couldnāt have been better.
Voices in the Wilderness
The militarization of the police shouldnāt be surprising. As Hubert Williams, a former police director of Newark, New Jersey, and Patrick V. Murphy, former commissioner of the New York City Police Department,Ā put itĀ nearly 25 years ago, police are ābarometers of the society in which they operate.ā In post-9/11 America, that means police forces imbued with the āhooahā mentality of soldiers and acting as if they are fighting an insurgency in their own backyard.
While the pace of police militarization has quickened, there has at least been some pushback from current and former police officials who see the trend for what it is: the destruction of community policing. In Spokane, Washington, Councilman Mike Fagan, a former police detective, isĀ pushing backĀ against police officers wearing BDUs, calling the get-up āintimidatingā to citizens. In Utah, the legislatureĀ passedĀ a bill requiring probable cause before police could execute a no-knock raid. Salt Lake City Police Chief Chris Burbank has been a vocal critic of militarization,tellingĀ the local paper, āWeāre not the military. Nor should we look like an invading force coming in.ā Just recently, Chief Charlie Beck of the Los Angeles Police DepartmentĀ agreedĀ with the ACLU and theĀ Los Angeles TimesĀ editorial board that āthe lines between municipal law enforcement and the U.S. military cannot be blurred.ā
Retired Seattle police chief Norm Stamper has also become an outspoken critic of militarizing police forces, noting āmost of what police are called upon to do, day in and day out, requires patience, diplomacy, and interpersonal skills.ā In other words, community policing. Stamper is the chief who green-lighted a militarized response to World Trade Organization protests in his city in 1999 (āThe Battle in Seattleā). Itās a decision he would like to take back. āMy support for a militaristic solution caused all hell to break loose,ā heĀ wroteĀ in theĀ Nation. āRocks, bottles and newspaper racks went flying. Windows were smashed, stores were looted, fires lighted; and more gas filled the streets, with some cops clearly overreacting, escalating and prolonging the conflict.ā
These former policemen and law enforcement officials understand that police officers shouldn’t be breaking down any citizen’s door at 3 a.m. armed with AR-15s and flashbang grenades in search of a small amount of drugs, while an MRAP idles in the driveway. The anti-militarists, however, are in the minority right now. And until that changes, violent paramilitary police raids will continue to break down the doors of nearly 1,000 American households a week.
War, once started, can rarely be contained.
Matthew Harwood is senior writer/editor at the American Civil Liberties Union and aĀ TomDispatch regular. You can follow him on Twitter@mharwood31.
This article first appeared on TomDispatch.com, a weblog of the Nation Institute, which offers a steady flow of alternate sources, news, and opinion from Tom Engelhardt, long time editor in publishing, co-founder of the American Empire Project, author of The End of Victory Culture, as of a novel, The Last Days of Publishing. His latest book is The American Way of War: How Bush’s Wars Became Obama’s (Haymarket Books).
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