■■ topic paper – police practices

SWAT teams perform raids

Wrong-premises raids, typically conducted by paramilitary SWAT n13 units, are becoming an exceedingly frequent occurrence in the United States. On a national level, hundreds of wrongpremises SWAT raidsoccur each year. n14 An estimated forty innocent people have been killed (and dozens more injured) in [*671] wrong-premises raids in the last twenty years. n15 This alarming trend tracks a staggering increase in the use of SWAT units to serve routine search warrants since the 1980s. n16 During that time, Congress, under pressure from the Reagan Administration, ramped up the so-called "War on Drugs," softening the Posse Comitatus Act and implementing a Pentagon giveaway program designed to put military equipment in the hands of local police departments. n17 The inflow of free or discounted equipment coupled with federal funding resulted in the creation [*672] of thousands of SWAT units throughout the country. n18 In the past twenty-five years, the frequency of dynamic-entry SWAT raids has increased by a whopping 1300% to number approximately 50,000 per year nationwide. n19 Concomitant with this overall increase, wrong-premises raid fiascos have become so commonplace that the New York Police Department actually circulated a memo in 1998 instructing police officers how to contact locksmiths and door repair services after raiding a wrong address. n20 Unfortunately, wrong-premises SWAT raids continue to plague scores of innocent citizens each year in cities and towns throughout the United States. n21.

SWAT teams perform raids

Thinking about contemporary American policing requires thinking about danger: the danger that police officers risk in service to citizens, n1 and the growing fear among citizens that it is dangerous forthem to be near police. n2 This toxic combination yields mutual mistrust, n3 as well as contentious uses of police force. n4 Civil claims arising from such force are governed by the Fourth Amendment's "objective reasonableness" standard; n5 police officers are further protected, however, by the doctrine of qualified immunity, which precludes liability whenever there is not already "clearly established law" prohibiting their conduct. n6 Recently, in Milan v. Bolin, n7 the Seventh Circuit held that qualified immunity did not protect Evansville, Indiana, police from liability for a SWAT raid on a woman's home following online threats traced to her IP address. n8 The court's emphasis on the officers' failure to investigate sufficiently could point future courts toward recognizing [*1780] a new rule as part of clearly established qualified-immunity law: that police act unreasonably when they launch a SWAT raid n9 without further investigation in the face of a nonurgent, ambiguous threat.

Police can perform raids – contextual use shows

CIMA and COULTER 2005 (“Raid scares schoolchildren; One of four drug busts near school”, The Pantagraph (Bloomington, Illinois), May 13, p. ln, note://// indicates par. breaks)[AR SPRING16]

Police arrested seven people in drug raids at four Twin City homes Thursday, but one raid involved a loud bang and tactics that frightened nearby schoolchildren.//// Dozens of children were on the Irving Elementary School playground about 8:20 a.m. when Bloomington and Normal police raided 708 W. Mill St. about 100 feet away.//// "They (the schoolchildren) were scared to death and started running into the building," District 87 Superintendent Bob Nielsen said. The children saw police dressed in "SWAT outfits with guns drawn," he said.//// Police and school officials differ on how much and what kind of warning the school received before the raid.//// In addition to the arrests, police seized cocaine, marijuana, weapons and cash.//// The raids, led by Normal police with assistance from Bloomington officers, were at two homes in Normal and two in Bloomington. A Normal Police Department statement said officers obtained warrants for the arrests after lengthy investigations into drug sales.//// The residences were at O-165 Cardinal Court and 807 N. Fell Ave., both in Normal, and 708 W. Mill St. and 316 1/2 Riley Drive, both in Bloomington.//// James L. Allen, 24, Armon B. Stepney, 19, Kevin A. Pratcher, 39, Michael C. Stepney, 28, Mario L. Perkins, 22, Laura G. Adams, 38, and Sherice Harden, 24, were arrested on a variety of drug-related charges./// Normal Police Chief Kent Crutcher said he knows the Bloomington Police Department contacted Irving's school principal and made arrangements to prevent children from being in the area of the raid./// Nielsen said he was not informed by police in advance of the raid./// About 20 minutes before the raid, Principal Mary Kay Scharf was notified by Bloomington police something was going to happen, he said. "She was given specific instructions not to change her daily routine," Nielsen said. She was given no indication what or where it would be, he said.//// She was told police would set up a perimeter. That was not done, Nielsen said.//// The raid was timed in coordination with the others, Crutcher said, but added he could not reveal the tactical reason for the time chosen.//// Crutcher said he did not know what type of explosive device was used in entering the building, and Normal officers do not have explosive devices. A Bloomington police entry team was used in the raid on West Mill Street, he said.//// Bloomington Police spokesman Duane Moss declined to answer questions about his department's involvement in the raids or explosives used, referring all questions to the Normal Police Department.

Police patrol involves specified geographic areas for crime prevention, accident investigation, prisoner transport, and parking/traffic enforcement

HEIBUTZKI 2016 (Ralph, journalism degree from Michigan State U, is part of Demand Media, “Basic Police Patrol Duties”, accessed 4/12/2016, “Basic Police Patrol Duties”, http://work.chron.com/basic-police-patrol-duties-11633.html, note://// indicates par. breaks)[AR SPRING16]

Patrolling a municipality to preserve law and order is the essence of a police officer's job, whether he walks on foot or drives. Technological innovations like two-way radio, cell phones and computer terminals in patrol cars have dramatically expanded police agencies' reach. However, most officers rely on acute observation and gut feelings to get their jobs done. A new officer's inability to read body language can raise his risk of injury or death, while mastering those cues can give him confidence to manage dangerous situations.//// Crime Prevention//// Uniformed police officers are assigned to patrol specific geographic areas, which they check for signs of criminal activity. Officers also conduct searches and cite, warn or arrest any offenders that they confront. Many of these activities occur as follow-up investigations of citizen complaints and emergency calls. These roles tend to be more compartmentalized at larger departments, where officers who show sufficient experience may serve on special bike, canine, horseback and motorcycle patrol units.//// Community Relations//// To patrol a neighborhood effectively, police officers must also win residents' trust. As "Police Chief" magazine observes, patrols offer an ideal opportunity for achieving this goal. This strategy, known as community policing, has become an increasingly popular approach since the 1980s. Instead of staying in their cars, officers continually talk with businesses, community leaders and residents. This approach can be implemented through bike or foot patrols, as well as public meetings to discuss issues affecting the neighborhood.//// Investigating Accidents//// Investigating accidents is another important task, as the Baton Rouge Police Department makes evident in its job description for police officers. Patrol officers are expected to direct traffic, examine the scene, interview witnesses, provide first aid for any injured victims, and take written statements from drivers. Other essential tasks include clearing any obstructions or wreckage and directing or rerouting traffic.//// Prisoner Transport//// An officer's patrol obligations aren't limited to the neighborhood in which she works. When prisoners must testify in legal proceedings or need hospital treatment, an officer must escort them and make sure that they're being properly guarded. Other jurisdictions may assign officers to watch jail trustees as they work in public and then search inmates after returning them to their cells.//// Traffic Enforcement//// Parking and traffic enforcement provides one of the biggest chances for officers and residents to interact. For most drivers, the most likely outcome is a verbal warning or written citation. In other cases, however, traffic stops might end with a stolen car's recovery or a fugitive's arrest. To protect themselves, officers watch for extreme nervousness, furtive movements, and lack of eye contract. Many departments actively teach this strategy, which heightens the officer's ability to protect himself by reading behavioral cues.

Police practices

Police practices has to do with new policy directions for the police (contextual)

JACKSON 2014 (David, reporter, “Obama appoints task force on police practices”, USA today, Dec 18, http://www.usatoday.com/story/news/nation/2014/12/18/obama-21st-century-policing-task-force-valerie-jarrett/20598339/, note://// indicates par. breaks)[AR SPRING16]

President Obama appointed members of a task force Thursday assigned to recommend police practices that can improve relations between officers and the people they serve, particularly in minority communities.//// The president signed an executive order Thursday creating the Task Force on 21st Century Policing.//// The task force, which includes officials from law enforcement, legal, academic, civil rights and non-profit organizations, will study methods that are working in different places and report back to Obama by March 2. The task force will terminate 30 days after it submits its report.

Police practices has to do with the polices of the police, can relate to issues like use of force, etc

US DEPARTMENT OF JUSTICE 2016 (updated feb 25, “conduct of law enforcement agencies”, https://www.justice.gov/crt/conduct-law-enforcement-agencies, note://// indicates par. breaks)[AR SPRING16]

The Section has investigated dozens of law enforcement agencies nationwide. In our investigations, we typically meet with law enforcement officers and other members of the local community. We hire police practice experts to help us review incidents, documents, and agency policies and practices. These experts also help us to develop remedies, and to assess whether corrective steps have fixed the violations of law.//// The problems addressed in our cases include use of excessive force; unlawful stops, searches, or arrests; and discriminatory policing. We have looked at bias based on race, ethnicity, national origin, gender, and sexual-orientation. We have also addressed unlawful responses to individuals who observe, record, or object to police actions./// Results of Our Work//// Our settlements and court orders frequently require:

increased transparency and data collection

community-police partnerships

steps to prevent discriminatory policing

independent oversight

improved investigation and review of uses of force

more effective training and supervision of officers

The reforms we obtain create models for effective and constitutional policing nationwide. They provide significant, systemic relief, increase community confidence in law enforcement, and improve officer and agency accountability.

Status quo “standard” police practices are over 50 years old and ineffective, characterized by 1) random patrols 2) emphasis on 911 rapid response 3) reactive arrests

TELEP professor school of criminology @ George Mason University WEISBURD 2012 (Cody, assistant prof, and David, who at time of writing was associated with Hebrew University, Jerusalem, and is now distinguished professor police innovation, geography of crime, “What is Known About the Effectiveness of Police Practices in Reducing Crime and Disorder?”, Police Quarterly, 15(4), p.343-345 note://// indicates par. breaks)[AR SPRING16]

What Should Police Not be Doing?//// A question that is almost as important as “what should the police be doing?” is “what should the police not be doing?” Below we review areas where the research evidence is persuasive that police should not be engaging in particular strategies to reduce crime. We review a number of areas below, highlighting key studies that suggest the ineffectiveness of certain policing efforts.//// “Standard Model” of Policing We first focus on tactics referred to by Weisburd and Eck (2004) as the “standard model” of policing. These strategies are often seen as traditional police approaches to dealing with crime that developed largely during the reform or professional era beginning around the 1930s (Kelling & Moore, 1988). While these tactics are now 50 years or more old, they drive much of current police activity. They are seen as the “standard model” for a reason. We focus here on three of the five strategies described by Weisburd and Eck (2004).//// First, random preventive patrol (or random beat patrol) has shown little or no evidence of effectiveness as a crime fighting tool (see Sherman & Eck, 2002). The most influential study in this area was the Kansas City preventive patrol experiment conducted by Kelling and colleagues (1974). They found no evidence that changes in the amount of preventive patrol across beats had a significant impact on reported crime or reported victimization. Although the Kansas City study suffered from some methodological flaws (see Sherman, 1992a), the finding that police randomly patrolling beats is not an effective crime deterrent makes sense based on the review of the hot spots literature above. Hot spots policing is an effective strategy in part because it takes advantage of the fact that crime is strongly concentrated in a small number of places. As crime is very concentrated across cities, it makes little sense from an effectiveness and efficiency standpoint to respond with a strategy relying on the random distribution of police resources across large geographic areas (see Weisburd & Telep, 2010).//// A second standard policing tactic that appears to have little impact on crime is rapid response to 911 calls. Rapid response can sometimes lead to the apprehension of suspects (e.g., a call for a “hot” robbery), but there is no evidence that rapid response to most calls increases apprehension rates or decreases crime (Kansas City Police Department, 1977; Spelman & Brown, 1984). The problem is that citizens frequently wait too long to call police after an incident occurs. Police should not expect crime control gains to come simply by decreasing response times to the vast majority of calls. In a related way, police should also not use the 911 system as an excuse for why officers cannot engage in more innovative practices. While responding to 911 calls does use a significant portion of patrol officer resources, officers typically have a substantial proportion of time on duty that is uncommitted. Famega, Frank, and Mazerolle (2005), for example, found that more than 75% of officer time in Baltimore was unassigned, providing enough time for police to supplement 911 response with more effective tactics, such as hot spots policing.//// Finally, we point to the lack of strong evidence on the effectiveness of general reactive arrest policies. Unlike some of the intensive strategies described above, more across the board increases in arrests are not particularly effective in reducing crime. As Sherman and Eck (2002) note, “the evidence in support of the reactive arrest hypothesis is remarkably unencouraging at both the community and individual levels of analysis” (p. 310). For example, Greenberg and Kessler (1982) and Chamlin (1988) found weak and inconsistent relationships between arrests and crime in longitudinal analyses. Chamlin and Myer (2009), however, note that the social context may affect the arrest-crime relationship. It is difficult to come to any firm conclusions on the effectiveness of arrest as a strategy to address crime because of mixed evidence on interventions that rely primarily on arrest and the fact that many interventions that include increases in arrest also feature a number of other facets, and disentangling the impacts of various factors can be difficult. We see little reason to believe that more broadbased reactive arrest policies will be very effective in reducing crime, and instead we argue for greater focus, either on high risk offenders, high risk places or both, as we discussed when describing effective policing tactics.//// Arrests for cases of misdemeanor domestic violence are a subset of general arrest policies, but one that has been more extensively studied than almost any other policing tactic. Unfortunately for police practitioners, the evidence on the benefits of using arrest in domestic violence cases is decidedly mixed (Sherman, 1992b). The initial Minneapolis experiment suggested arrest could reduce recidivism (Sherman & Berk, 1984), but the success of arrest in the replication studies were more varied and depended in part on the employment status of offenders (Sherman, 1992b), a problematic criterion for officers to rely on. More than half of states have adopted mandatory arrest laws, leaving officers little discretion in the decision to arrest in cases where there is probable cause to believe a misdemeanor has occurred (Hirschel, Buzawa, Pattavina, Faggiani, & Reuland, 2007). Because of the unclear implications of the research evidence in this area, we do not recommend such laws and see no reason to believe that mandatory or presumptive arrest laws will have a significant impact on crime rates.

Police practices (here “methods”) is distinct from the question of what ought to be/ought not be criminalized

MILLER & BLACKLER professors @ centre for applied philosophy & public ethics @ Charles Sturt University 2005 (Seumas & John, Charles Sturt University, Australia, Ethical Issues in Policing, p.16-17 , note://// indicates par. breaks)[AR SPRING16]

The moral and legal issues in this area are complex. However, in our view in general it ought to be unlawful for a person, A, to refrain from assisting another person, B, under the following conditions: (a) B ' s life is at immediate risk; (b) A's intervention is necessary if B is to survive, and; (c) A can assist with minimal cost to him or herself. Indeed, there ought to be a variety of so-called "Good Samaritan" laws, and the reason for this is that human rights ought to be protected, and some Good Samaritan laws protect human rights.//// So we hold that in general violations of human rights ought to be criminalised. If this were the case - and it already is to a considerable extent - then the police would have a central role in relation to the enforcement of human rights by virtue of having a role in relation to the enforcement of the criminal law.//// One of the interesting implications of this conception is that there would be a shift in the line of demarcation between the so-called "police service" role and the "law enforcement" role (especially criminal law enforcement role) of police. Typically, the police service role is contrasted with the law enforcement role; the rescue operations of Water Police, or of police dealing with dangerous mentally deranged persons, are supposedly service roles, not law enforcement roles. In one sense, the contrast here is already overdrawn; the law with respect to the safe utilisation of water craft needs to be enforced, as does the law in relation to dangerous mentally deranged persons. Moreover, questions of policing methods should not be confused with questions of what actions ought to be criminalised and what ought not. In relation to some criminal offences, e.g. juvenile gangs engaged in assaults, it might be more productive for police to engage in preventative strategies, such as restorative justice techniques, rather than simply arresting/charging and locking up offenders. (See Chapter 6.) More important, in so far as Good Samaritan laws with respect to so-called "positive" moral rights were enacted, then many police activities previously regarded as service roles would become in part law enforcement roles (indeed, roles of enforcing criminal laws). But it is important to stress here that the criminalisation of violations of certain positive moral rights is entirely consistent with an overall reduction in acts regarded as criminal, e.g. decriminalisation of laws in relation to cannabis and prostitution. After all, smoking cannabis and selling sex are not activities which in themselves necessarily violate anyone's moral rights.

Police practices describe policing methods – it includes patrols, information sharing

ETERNO associate dean and director of gradiate studies @ Molloy College 2010 (John, PhD in criminal justice from SUNY Albany, is also retired captain of NYPD, managing editor of Police Practice and Research: An International Journal, author of Policing Within the Law: A Case Study of the New York City Police Department (2003), has published in various journals including The International Journal of Police Science and Management, Women and Criminal Justice, Justice Research and Policy, etc, “Introduction”, in Eterno & Das (eds) Police Practices in Global Perspective, p1., note://// indicates par. breaks)[AR SPRING16]

In the endless struggle between law enforcement and those who commit illegal behavior, advances in technology have far-reaching consequences—from knives to bombs, from handguns to weapons of mass destruction, from local crime families to international networks. Law enforcement needs to recognize these changes and adapt. It cannot use outdated tactics; rather, it needs to be innovative and adjust quickly, as criminals and terrorists are quick to take advantage of new technologies. Just as many in France before World War II felt impregnable with the Maginot Line, law enforcement cannot simply depend on old, traditional practices such as preventive patrol, reactive policing (rather than proactive policing), and policing sectors. Exacerbating the problem of these outdated practices is a police culture that can stymie investigative efforts through practices such as not sharing information with other agencies. Criminals and terrorists adapt and evolve—so too must law enforcement.

Police practices describes the conduct of the police, including use of deadly force, and policies/assessments that seek to balance civil rights with everyday police conduct

UNITED STATES COMISSION ON CIVIL RIGHTS 1981 (Who is Guarding the Guardians? A Report on Police Practices., October, p.iv , note://// indicates par. breaks)[AR SPRING16]

Police conduct requires continuous, thoughtful examination—for many reasons.//// Police officers possess, awesome powers. They perform their duties under hazardous conditions and with the vigilant public eye upon them. Police officers are permitted only a small margin of error in judgment under conditions that impose high degrees of physical and mental stress. Their general responsibility to preserve the peace and enforce the law carries with it the power to arrest and to use force—even deadly force. It is essential, therefore, that these sweeping powers be subject to constant scrutiny to ensure that they are not abused.//// Furthermore, protection of civil rights demands close examination of the exercise of police authority. Police misconduct may result in discrimination and the denial of equal protection under the laws. Past Commission reports have cited disproportionately low levels of minority employment in municipal police departments, slower police response in ghetto areas, and selective use of force and inadequate services in minority neighborhoods. The price for police protection must not be the relinquishment of civil rights.//// Scrutiny is also necessary because police officers exercise their powers with wide discretion and under minimal supervision. The decision whether to use deadly force, for instance, must often be made without the opportunity for cool reflection, in dangerous and stressful circumstances. The use of deadly force should be examined and guidelines for its use developed and continuously reevaluated—for the benefit both of the public and of the officers themselves.//// Yet another consideration is the fact that the consequences of police misconduct can be very farreaching. A single occurrence or a perceived pattern of discriminatory and unjustified use of force can have a powerful, deleterious effect on the life of the community. In Miami, for example, the acquittal of white police officers charged with killing a black civilian, who was pursued in a high-speed chase for a minor traffic violation, sparked tragic and destructive violence in which 18 people died. It is vital, therefore, that ways be examined to enhance police-community relations and to minimize the kind of police conduct that gives rise to civil disorders. Thus, there is ample reason for studying police conduct even without further justification. However, the volume of complaints of police abuse received by the Commission has increased each year, and the nature of the alleged abuse has become more serious. Patterns of complaints appear to indicate institutional rather than individual problems. Available remedies appear to be either inadequate or poorly applied, so that no effective protection from police misconduct seems to exist for the individual citizen.//// It was in response to these specific developments, as well as to the general need for review of police conduct, that the Commission undertook this study. The Commission acted in accordance with its legal mandate "to study and collect information and to. . .appraise the laws and policies of the Federal Government with respect to discrimination or denials of equal protection of the laws. . .in the administration of justice.

Police practices in context – it relates to core issues of police & institutionalized racism

JAWANDO & PARSONS center for American progress 2014 (Michele, vice president of legal progress, and Chelsea, director of crime and firearms policy at the center, “4 Ideas That Could Begin to Reform the Criminal Justice System and Improve Police-Community Relations” Center For American Progress”, Dec 18, https://www.americanprogress.org/issues/civil-liberties/report/2014/12/18/103578/4-ideas-that-could-begin-to-reform-the-criminal-justice-system-and-improve-police-community-relations/)[AR SPRING16]

From the shooting death of unarmed teenager Michael Brown, to the heavily militarized police response, to the protests in the wake of Brown’s death, to the failure of the grand jury to indict Officer Darren Wilson for his role in the shooting, the events in Ferguson, Missouri, have turned up the heat on a long simmering debate over the persistent inequalities in our criminal justice system. Other recent events have made the urgent need to act even more clear: In Staten Island, New York, a grand jury decided not to indict New York Police Officer Daniel Pantaleo for causing the death of another unarmed black man, Eric Garner, even though the officer’s actions were caught on tape. Days earlier, a police officer shot and killed Tamir Rice, a 12-year-old in Cleveland, Ohio, while he played with a toy gun.//// At the center of this debate has been a conversation about inequities in the basic functioning of the criminal justice system—including police practices, the use of force and aggressive policing, arrest and prosecution policies, the severity of criminal sentences, and the disparate impact many of these policies have on communities of color. Little wonder there is a deep-seated sentiment within communities of color that the criminal justice system is inherently rigged against them and that the institutions supposedly designed to protect them are failing them, or even worse, targeting them. Moreover, the gap between black and white views on law enforcement, the criminal justice system, and race relations in this country only seems to be growing. This ever-widening gulf further complicates our attempts to understand exactly what is at issue in cases such as the deaths of Brown and Garner, the failure of the grand juries in those cases to indict the officers responsible, and the opportunity to think through ideas and options for concrete solutions to address the underlying problems.

Police practices are modified by technological developments that aid in crimefighting

CRANK prof Criminology @ Univ of Nebraska, Omaha, KOSKI phd candidate @ Univ. Nebraska, Omaha, and KADLECK assoc. prof Univ of Nebraska, Omaha, 2010 (John, Colleen, and Connie, “The USA: the next big thing”, Police Practice and Research, 11:5, October, p.408, note://// indicates par. breaks)[AR SPRING16]

Historically, technology has played a dominant role in the evolution of police practices (Walker, 1997). In the post-9/11 era, the gathering of intelligence for counter-terrorism purposes has become a technological priority. Unmanned aerial vehicles (ALVES), for instance, are slowly becoming crime-scene mapping, traffic control, and US bordermonitoring devices. Global positioning systems (GPS) and high-tech video surveillance equipment with infrared and heat-seeking capabilities are becoming mainstream methods for tracking criminal suspects as well as suspected terrorists, and public video monitoring devices are increasingly popular. Fourth Amendment challenges have received mixed messages from state and federal courts on the stipulations regarding their use (Caerula, 2004), but generally, the courts have not impeded the use of new information-gathering technologies.//// Surveillance technologies have received sustained development in the current era. The PATRIOT Act has given the government unprecedented authority to tap phones and computers with cursory FIA court oversight. Surveillance extends to libraries and Internet service providers, whom may be required to report to the government and forbidden to inform suspects of the surveillance. For police, one of the most significant issues today is in the processing of massive amounts of information acquired by the new surveillant technologies. ‘Connecting the dots,’ a buzz-phrase for the systematic collation of information, is immensely difficult given the quantity of information available and the lack of particularly good algorithms to sort it.

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