Simon_Jester wrote:SVPD wrote:Obviously they are not the only ones, but given the sheer number of the people who are in trouble with the law, and the fact that the population in general is cooperative, polite, and understanding, the number who dislike the police out of something other than resentment of personal circumstance really cannot be all that large. In any case, that sort of resentment isn't universally preventable; some of it may be, but since the police will inevitably be less than perfect, some people who simply resent authority, people in uniforms, or worry that their 40K miniatures are at risk will find a reason regadless.
So... does it even matter whether the police even try, that being the case? Should I walk away with this with the conclusion that it
doesn't matter whether the police accidentally shoot little girls and kick down the wrong doors, or whether the officers who do it are punished harshly, because either way the vast majority of people will support police and the tiny minority of discontents will oppose police?
Because that seems absurd to me, and I doubt you believe it.
I don't know why you would think this at all. Obviously it matters; if no effort were being made at all to avoid or deal with bad behavior then the situation
would be significantly worse. Yes, it seems absurd to me because it's a false dilemma.
I don't think so. I think it really requires addressing why we're using those tactics so often in the first place.
How is that not a way of addressing police errors? After all, if you put police in fewer unnecessary situations where errors are possible, there will be fewer errors. I have no problem with tackling the issue that way.
If police are
predictably shooting more dogs and kicking down more of the wrong doors on account of all the drug raids they're doing, then we should count that as a cost of our drug policy and probably revise the drug policy accordingly. I don't care about hammering on police for the fact that police errors happen. I care about making the errors go away.[/quote]
In that case, I think that your scrutiny is best directed at public policy, and why that policy remains in effect.
When all warrants are served by knocking and waiting for someone to answer the door, hitting the wrong house is unlikely to get people killed. There's a chance for the situation to be defused before the police have (as per doctrine) shot any threatening pets and (as per doctrine) forced everyone in the house to get down on the ground at gunpoint. There's a chance for the homeowner to say "I'm sorry, but this is 3804 Cherry Lane, not 3802," and prove it.
Frankly, I don't think going to the wrong house is a cricticism of the tactics at all, because there is no excuse whatsoever for getting the wrong house regardless.
Which is why
I didn't criticize the tactics here.[/quote]
It appears that you did, because you're objecting to the fact that the owner never gets a chance to tell the cops they are at the wrong house until after the entry. That isn't the problem; the problem is that they were at the wrong house. The police should not avoid forced-entry tactics ont he off chance they are at the wrong house; rather they should be at the right house 100% of the time; no excuses. Perhaps you did not think of it in this way, but that did appear to be what you were saying.
This is a consequence of using the tactics, and one that should be considered
before we decide to use them, not as a reason to rewrite them. The problem is that, empirically, using SWAT tactics (or, more generally, no-knock and "short knock" raid tactics) causes cases where the police go to the wrong house to become much, much worse. Even if there is no excuse for going to the wrong house, it's a mistake we don't need to worry about too much as long as it doesn't lead to property damage, injury, or death. When people can
die in a raid on the wrong house, you need more precautions.[/quote]
We need to take more precautions in terms of going to the right house. Taking more precautions in terms of reducing the shock of the entry will inevitably also result in more deaths when they go to the
right houses, and those will be police deaths. It's pretty much too late to consider the consequences beforehand because that ship sailed over a decade ago.
So in this case, the shift in emphasis from... call it "polite" entry tactics to more aggressive ones means that police need to pay more attention to getting addresses right, if it is at all possible for them to do so. That doesn't necessarily mean a huge change in police procedure; it may be something as simple as making the team double-check that they have the right house before they go in, or making them carry GPS. But if anything can be done without imposing a major burden on police, it should be done.
Absolutely correct, and the procedures you cite; making 100% sure by various means, that the house is the right one, impose little or no burden.
Of course. And perhaps there should be special procedures for verifying that you have the right house before executing a no-knock warrant, simply because the consequences of getting it wrong are worse?
I wouldn't call them "special" procedures but aside from that nitpick, yes.
The "blue wall" is perfectly definable: a tendency for police departments to rally around police officers accused of crimes and protect them from punishment, by methods such as:
-Not testifying against fellow officers
-Concealing evidence that could condemn fellow officers
-Harassing individuals who speak out against fellow officers
Now, whether that exists or not is a different question. But the idea that it's undefinable is a joke.
I disagree. Look at your initial line - rally around officers
accused of crimes and protect them from
punishment. Why are we leaping from accusation straight to punishment? What if they are not refusing to testify, but are in fact telling the truth whent hey say, "no, that never happened."? What if they are not concealing evidence, but it does not exist? What if they are not harrassing individuals, but are in fact pressing a case against a person who has made a false report? You're defining these things as a "Blue Wall" but that definition presumes that the complaint is valid in the first place, and far more often than not, it isn't. It should be easy to see why; many people, even those normally agreeable to police get upset when they are cited or arrested because they think of themselves as upstanding citizens and simply cannot believe they may have been in the wrong.
In some cases, these things do happen, but not all, and the term "Blue Wall" is a predjudicial language attempt to generalize them beyond the circumstance where they do occcur. In some cases, a blue wall has been shown to exist, but showing it at the precinct or department level doesn't show it exists anywhere else. Many officers simple won't tolerate bad conduct by their fellows either out of professionalism or out of fear they will be implicated as well, and this even leads to cases where they get a bad reputation for reporting minor errors such as checking the wrong box on a ticket in an attempt to look good to superiors.
Do you see the problem with claiming the existance of a phenomenon you can't define what the evidence of would be.
You completely missed my point.
I did not miss the point at all. I don't see any reason to think it is valid. The more you discuss this blue wall, the more it becomes apparent it is an unfalsifiable hypothesis that requires the assumption of its own existance - a form of begging the question.
My point is that, logical or not, people who see something that to them is identical to evidence of police screwing up and getting away with it... are going to conclude that the police are screwing up and getting away with it. There is a very real need for the police to not let their officers be seen to screw up and get away with it; they cannot function forever without thinking about the public relations aspect of their own internal policing.
I don't know how you can presume to say what other people will necessaily conclude. I don't also know of any evidence that we're in any way approaching a point where the police cannot function without improvement in terms of public image. I see no evidence that public perception is generally worsening.
The public has a right to ask "who will guard the guardians?" and to see adequate evidence that an answer exists. How much evidence is adequate, that's negotiable. I don't think the right is.
Obviously it is, but public opinion does not determine what adequate evidence is, nor is there any evidence that the public in general is unsatisfied with that situation. The answe to "who guards the guardians" is: Federal agencies like the FBI, the courts and the officers of same such as prosecutors, and elected cvilian officials. The public and the press may call attention to what they dislike, but the fact of the matter is that the polcie are citizens as well and have a right to fair hearings, not a mob, evenif that mob is only demanding the right to dictate tactics out of ignorance. If the public is unstatisfied with those guardians of the guardians, they have the right to vote and elect new leaders.
Shit like this is why I'm kind of glad it isn't legal to go around punching people in the crotch. You'd be able to track my movement from orbit from the sheer mass of idiots I'd leave lying on the ground clutching their privates in my wake. -- Mr. Coffee