Police Raids

A massive DEA operation featuring dozens of heavily armed agents and at least four helicopters ended with the arrests of five people in California's Lake County last week. According to California NORML, the arrests are believed to be the first since the Obama administration announced it would not persecute medical marijuana providers in states where it is legal unless they violated both state and federal law. The DEA seized 154 marijuana plants from Upper Lake resident Tom Carter, and arrested him, former UMCC dispensary operator Scott Feil and his wife, Steven Swanson, and Brett Bassignani. Carter is a registered medical marijuana patient and provider, and his wife, Jamie Ceridono, told the Lake County News he was growing for several patients and his grow was legal under state law. The genesis of the bust appears to lie with an alleged May deal between a DEA informant and Bassignani to purchase marijuana. According to documents filed by Carter's federal defenders late last week, the informant claimed to have arranged to buy marijuana from Carter and to have left a voicemail message for Carter to set up the deal. That same informant allegedly made a deal to buy marijuana from Bassignani. In the document, the federal defenders said prosecutors made no claim that Carter ever heard the phone message the informant allegedly called and that they set out no evidence linking Carter and the informant. "All the complaint says is that another individual, Mr. Bassignani, called the informant, claimed he worked for 'Carter Construction,' and arranged a marijuana deal," Carter's defense attorneys wrote. "The deal later took place, and the only other reference to Mr. Carter is the conclusory claim that the informant 'had agreed on the price with Carter.' No context, no specifics, and no other information is provided in the complaint which indicates that Mr. Carter in fact talked to the informant, arranged a marijuana deal, and indicated that he (Carter) was knowingly involved in a marijuana transaction." Moving that the two felony counts of marijuana trafficking against Carter be dismissed, the attorneys added: "This complaint is sadly deficient with regard to whether Mr. Carter has done anything to indicate that he conspired to break the law. It should be dismissed accordingly." It is unclear why Feil and his wife were arrested. They are neighbors of Carter and his wife. Carter and Feil are being held in Oakland, where they are set to have initial detention hearings today and tomorrow. Federal prosecutors have asked that Carter be held pending trial "on the basis of flight risk and danger to the community." Carter is a long-time resident of Upper Lake, prominent construction contractor, and community benefactor. "California already has enough federal marijuana criminals," said CANORML coordinator Dale Gieringer, "It's time for concrete changes in federal law." While the Obama administration has announced it would no go after law-abiding medical marijuana providers, the DEA has conducted at least two raids against providers in San Francisco and Los Angeles, although there have been no arrests in those cases. The administration has not announced any changes in federal laws or regulations around medical marijuana, and Bush appointees continue to serve in the DEA and the US Attorney's Office of Northern California, which is prosecuting the case.

Radley Balko has a new piece at Reason showing that the disastrous Cheye Calvo raid is just the tip of the iceberg. His conclusion is sad, but probably correct:

Terrible as it sounds, it may well take more mistaken raids on high-status victims like Calvo to generate real debate over the wisdom of using violent, high-risk police tactics to serve warrants for nonviolent crimes.

Hopefully Calvo's lawsuit, along with the new SWAT monitoring legislation he helped pass, will bring about needed changes without any more lives having to be lost. I'd hate to think that further bloodshed is the only path to reform.

I wrote about the Will Foster case in the Chronicle last week. Here's a brief summary: Foster had a small medical marijuana garden in Tulsa that was raided in 2005. Two years later, he was sentenced to an insane 93 YEARS in prison. Only after a publicity campaign in which DRCNet played a vital role was he resentenced to merely 20 years, and after being twice denied parole, he was paroled to California. Although Oklahoma thought Foster should be on parole until 2011, California decided he didn't need any more state supervision and released him from parole after three years. That wasn't punitive enough for Oklahoma. Although Foster had left the Bible Belt state behind with no intention of ever returning, Oklahoma parole officials issued a parole violation warrant for his extradition to serve out the remainder of his sentence. When Foster had to show ID in a police encounter, the warrant popped up, and he was jailed. Desperate, Foster filed a writ of habeas corpus and won! A California judge ruled the warrant invalid, and Foster was a free man again. But not for long. It's thirst for vengeance still unslaked, the state of Oklahoma issued yet another parole violation warrant for Foster's extradition because he refused to agree to an extension of his parole to 2015--four years past the original Oklahoma parole date. Then he got raided in California, thanks to bad information from an informant with an axe to grind. Foster had a legal medical marijuana grow, but it took a hard-headed Sonoma County prosecutor more than a year to drop charges, and Foster has been jailed the whole time. Now that the charges have been dropped, Foster still isn't free because Oklahoma still wants him back. Extradition warrants have been signed by the governors of both states, and he was days away from being extradited in shackles when he filed a new habeas writ this week. Filing the writ will stop him from being sent back to Oklahoma, but it also means he's stuck in jail for the foreseeable future. The writ is a legal strategy; his real best hope is to get one of those governors to rescind the extradition order. You can help. Click on this link to find out how to write the governors. I think a campaign of letters to the editor of Oklahoma papers might help, too. Those letters might ask why Oklahoma wants to continue to spend valuable tax dollars to persecute a harmless man whose only crime was to try to get some relief for his ailments--and who has no intention of ever returning there. ...So, anyway, I went to see Will at the Sonoma County Jail Saturday night. But I didn't get in. The steel-toes in my footwear set off the metal detector, and I quickly found out such apparel was a security risk. Who knew? I'll go back later this week. I guess I'll wear sandals. In the meantime, there are letters waiting to be written. Keyboard commandos, saddle up!

Police in Indianapolis burst into the wrong and terrified an elderly couple, but they have an explanation:

Officers were trying to serve a warrant for a man wanted on drug charges. The address listed on the paperwork was 4042. The Minton’s home is 4048, with both house numbers clearly marked.

But Major Mark Robinett of the Marion County Sheriff’s Department, who is in charge of warrant sweeps, said he was told that officers had a difficult time reading the addresses because of overcast skies.

I've heard a lot of weak excuses for botched drug raids, but this is just classic. As is often the case in such scenarios, the explanation serves only to make police sound even more confused and incompetent than they already did.

Seriously, if you can't even see what you're doing, then don't burst into private homes with your guns drawn. A word of advice to the Mintons: you should sue these people silly. The admission that their vision was obstructed at the time of the raid, though utterly disingenuous, is tantamount to gross negligence. I'd just love to see them on the stand trying to explain this.

Police in Prince George's County, MD have completed their internal investigation of the botched raid on the home of Berwyn Heights Mayor Cheye Calvo. Their disgusting, though unsurprising, conclusion is that they did a terrific job:

The findings of the internal review "are consistent with what I've felt all along: My deputies did their job to the fullest extent of their abilities," Sheriff Michael Jackson said at a news conference.
…
"I'm sorry for the loss of their family pets," Jackson said. "But this is the unfortunate result of the scourge of drugs in our community. Lost in this whole incident was the criminal element. . . . In the sense that we kept these drugs from reaching our streets, this operation was a success." [Washington Post]

Except that they could easily have intercepted the package before it was ever delivered, thereby eliminating the need for the violent raid entirely. Killing the dogs was completely unrelated to the goal of intercepting the drugs and it's just supremely dishonest to equate those two outcomes. Radley Balko has more on the fundamental incoherence underlying these latest claims from the PG County Sheriff's Office.

In the end, Sheriff Jackson is making a powerful statement to the public: this could happen to you. He's proud of his officers' actions and he has no intention of trying to prevent this from happening again. Cheye Calvo filed a lawsuit today that will hopefully change that.

I don't exactly understand what the agenda behind this video is supposed to be, but it kind of gave me the creeps. I think it's supposed to be funny and I wonder if the creators realize how true it really is.

LA Times has the strange story of an LAPD officer raided by his own department. He was apparently innocent of any wrongdoing and the report suggests that he was targeted precisely because he was a good cop who wouldn’t tolerate misconduct from his colleagues.

What a mess. Without knowing all the facts, I'm reluctant to say too much about it, but it's a very interesting report that's worth reading.

Berwyn Heights Mayor Cheye Calvo sent us his terrific statement in response to the new SWAT reporting law passed by the Maryland legislature:

"Although the botched raid of my home and killing of our dogs, Payton and Chase, have received considerable attention in the media, it is important to underscore that this bill is about much more than an isolated, high-profile mistake.  It is about a growing and troubling trend where law enforcement agencies are using SWAT teams to perform ordinary police work.  Prince George's County police acknowledges deploying SWAT teams between 400 and 700 a year -- that's twice a day -- and other counties in the state have said that they also deploy their special tactical units hundreds of times a year.  The hearings on these bills have brought to light numerous botched and ill-advised raids in Anne Arundel, Baltimore, Carroll, Howard, Montgomery, and Prince George's counties that also have had devastating effects on the lives of innocent people and undermined faith in law enforcement.  HB 1267 will shine this light, provide oversight, and demand accountability as a matter of course."

It's about time. No matter how many of these stories I cover, the scope of the problem continues to send shivers down my spine. Calvo's own story is troubling enough before one considers that there are so many more that follow a disturbingly similar plotline.

Calvo also comments on the fact that law-enforcement interests directly opposed his efforts to increase oversight and accountability:

"Although I applaud lawmakers for passing this bill over the objections of law enforcement, I was disappointed that state law enforcement groups decided to oppose this measure rather than embrace it as an opportunity to restore the public trust.  I remain especially concerned with the argument put forward that only law enforcement should police itself and that it is somehow inappropriate for elected leaders to legislate oversight and accountability.  I cannot disagree with this argument more.  As an elected officials, we must take full responsibility for the law enforcement departments that we fund and authorize, and we must hold our law enforcement officials to the highest standards and ideals.  I strongly support law enforcement and believe that so many of our officers are heroes.  However, it is perfectly consistent to support them, provide oversight, and demand accountability -- just as our constituents support, oversee, and demand accountability from us."

Well said. Still, I'm honestly appalled that such arguments even have to be raised. After everything that's happened, how dare they object to basic oversight? When law enforcement directly lobbies against accountability, that is just an affront to the public interest. It's outrageous and although the right result was reached, there remain serious questions to be asked about the agenda of those in law-enforcement who took a leadership role in opposing this bill.

With their hands stained in innocent blood, they arrogantly insist that we avert our eyes. Thanks to Cheye Calvo and Maryland's legislators, we'll do exactly the opposite.

Law enforcement likes to argue that it needs to resort to heavy-handed tactics such as SWAT-style raids and no-knock warrants because drug law enforcement is just so darned dangerous. You know the spiel: "We're outgunned and up against crazed drug dealers, so we need to come on like gangbusters for our own safety." But I'm in the process of reviewing police deaths in the drug war since the beginning of 2008 for a Chronicle article that will appear Friday, and so far, I've only found two officers who were killed in drug raids during this time. I'm using the Officer Down Memorial Page and the National Law Enforcement Memorial data bases and I still have to dig a little deeper into the numbers and the discrepancies between the two, but so far, it doesn't appear that enforcing the nation's drug laws is that dangerous for police. For civilians, it is perhaps a different story. Nobody's keeping a data base of citizens killed by the police, let alone those killed by police enforcing the drug laws, although I have a few ideas on where to come up with some figures, or at least some especially horrendous cases. I'll be looking into that, as well. I'll be talking to as many cops, criminologists, and other interested parties as I can, but at this point, it seems that it is going to be hard to justify the overwhelming use of force typical of police drug raids. As much as they would like to think they are, cops are not US military Special Forces units, and drug law violators are not terrorist fugitives. Look for the story on Friday.

Cheye Calvo's efforts to bring transparency to the use of aggressive SWAT raids in Maryland are moving forward:

Delegates adopted a bill, on a 126 to 9 vote, that would require law enforcement agencies to report every six months on their use of SWAT teams, including what kinds of warrants the teams serve and whether any animals are killed during raids. The bill was prompted by the case of Berwyn Heights Mayor Cheye Calvo, whose two black Labrador retrievers were shot and killed during a botched raid by a Prince George's County Sheriff's Office SWAT team in July.

Calvo has said he was surprised to learn that police departments use the heavily armed units far more routinely than they once did but that it is difficult to get reliable statistics about SWAT raids. The Senate has passed a similar measure. [Washington Post]

The bill doesn’t actually reform anything, but it aims to create a record of how, when, and why SWAT teams are deployed in Maryland. This effort has the potential to reveal a great deal about the reckless over-reliance on aggressive drug raid tactics. That's exactly why police opposed it, despite utterly lacking any compelling arguments against such oversight.

Good work by Maryland's legislators and another big moment for Berwyn Heights Mayor Cheye Calvo, who has become a valiant champion of justice following the tragic killing of his two dogs during a botched drug raid last summer.