Thursday, January 24, 2008

It's probably not a good idea...

...For undercover police officers, apparently in street clothes, to serve a "no-knock" warrant in the middle of the night. But what do I know? I'm not a law enforcement professional, only a citizen with a modicum of common sense.

Unfortunately, the homeowner that this happened to, Ryan Frederick, shot and killed one of the officers, believing that his house was being broken into, as had apparently happened to him three days previously.

Mr. Frederick is now being held without bail in the Chesapeake City, Virginia jail, accused of first-degree murder.

Reading the story further, however, a number of questions come to mind:

"Police did not say whom they were investigating when they executed the search warrant. Other than a few misdemeanor traffic violations, Frederick has not been convicted of any felony crimes in Chesapeake, according to online court records."

No history of drug arrests, no acknowledgement that Frederick's house was indeed the intended target, and the police will not say whether or not drugs were found in the home, the confirmation of which would seem to go a long way towards absolving police misjudgment. Why is this information such a secret? If Frederick was suspected of criminal behavior serious enough to justify an immediate "no-knock" raid, shouldn't there be a wealth of evidence or testimony to support that course of urgent action, and show why officers chose that scenario? There has to be a compelling reason why the officers did what they did, instead of maybe waiting for Frederick to simply leave his house and then enter, or perhaps nab him at work or at the 7-Eleven in the middle of the day, right? Right?

"Chesapeake police spokeswoman Christi Golden said she could not comment on specifics of the incident, including whether the officers who tried to serve the narcotics warrant were in uniform." (Emphasis mine)

Which means they probably weren't, or we would have seen some sort of evidence to the contrary by now.

"'They are undercover detectives,' Golden said. As such, they would typically be in street clothes. But, when serving warrants, even undercover officers 'usually have something that says 'police,’' she said. 'They are identified in some way, shape or form.'" (Emphasis mine)

Usually. How about in this case? That would seem to be a critical point, one that someone would think the department would be interested in finding out, and quite quickly.

"'Our work is inherently dangerous,' said Jack Crimmins, president of the Chesapeake Coalition of Police. 'I think a lot of people take our work for granted. Unfortunately, these types of events are increasing instead of decreasing. And it’s a very sad trend.'" (Emphasis mine)

It's not the public's fault that these events are increasing, in my opinion. I think it's because police departments are performing no-knock SWAT raids for even the most routine of warrant services, instead of reserving them for truly dangerous situations. You will recall the Waco debacle in 1993 as the most famous example of this, in which ATF agents decided to do a high-profile raid with invited media looking on in an effort to increase their budget and public relations standing, instead of just collaring David Koresh at the local convenience store where he went to purchase coffee every morning. Balko's got a running blog of lots more.

Most disturbing to me about this incident has been some police reaction to the case. as documented on policelink.com, a law enforcement website, and exemplified by a poster named LAPDedOshea:

"Godspeed Brother! ........ OK, I don't want to jump to conclusions, but I am getting SICK AND TIRED of hearing about Officers getting shot and our fellow Warriors not returning fire! Hello, F-ing cover fire Gents, get the job done! This is really something that pisses me off, we are breeding a bunch of victimsnot warriors! If your fellow Warrior is going to be on point and he/she takes a round or gun fire???? Lay down SUPPRESSIVE FIRE A.S.A.P. so you can get your fellow Officer out of the kill zone! We out here on LAPD had a bunch of Officers serving a warrant on a 187 suspect and after the knock and notice, he put 7 , 45 caliber rounds from a Glock 21 through the door, and NO ONE in the stack laid down any cover fire!!! WTF??? Those little hand canons you have on your hips and the boom sticks you have while on point are not for show, they are for business, so get the job done! Decide RIGHT NOW weather or not you can take a life and if you can't I have two words for you, Paper or Plastic! Wow, this shit pisses me off, suspect in custody??????? Congratulations! One shot fired, yeah, by the suspect, are you F-ing kidding me? My fellow Warriors who do not have their minds right, better shit or get off the pot! Unbelievable!"

Mr. O'Shea apparently believes that he and his fellow cops aren't law enforcement officers, but rather "warriors" who have a running battle to fight against the public, and that Mr. Frederick should have been summarily executed, perhaps for "resisting" arrest once in custody.

This isn't a war, Officer, and you aren't some kind of occupying soldier, but merely a public employee charged with protecting and serving, not going wild on whoever you're pointed at. Law-abiding homeowners have rights as well, including the right to self-defense, so perhaps your bosses at police headquarters should think a little bit harder about what kinds of situations justify these types of raids before exposing you and your fellow officers to dangerous operations such as this as a matter of course.

1 comment:

Anonymous said...

Ah, that pesky fourth amendment "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." coupled by that ever peskier second "A well regulated Militia, being necessary to the security of a free State, the right of the People to keep and bear Arms, shall not be infringed."

Cops should be forced to recite that fourth amendment it may save them grief someday. The second amendment is there to provide the citizenry with arms with which to repel attacks exactly like this one.

We are members of a free country so let's keep it that way.

If I were on the jury I would find for justifiable homicide even if drugs were found because it would be highly likely any drugs found were planted by the cops in order to justify the no knock warrant that someone had to swear out.