Police Corruption

Mexican President Felipe Calderon has drawn praise from U.S. drug warriors for his commitment to fighting back against the drug cartels. Unfortunately, current strategies for reducing drug trade violence tend to have the opposite of their intended effect. Via New York Times, this is what you get when you really crack down on the drug traffickers:

"a hand-scrawled list of 22 officers, 5 of whom had already been gunned down in the street."

"A turf war among drug cartels has claimed more than 210 lives in the first three months of this year."

"The number of homicides this year is more than twice the total number of homicides for the same period last year."

"Several mass graves hiding 36 bodies in all have been discovered in the backyards of two houses owned by drug dealers."

"At the height of the violence, around Easter, bodies were turning up every morning, at a rate of almost 12 a week."

"'Neither the municipal government, nor the state government, is capable of taking on organized crime,' Mayor José Reyes Ferriz said in an interview."

"The local police are outgunned, underpaid, prone to corruption and lack the authority to investigate drug dealers…"

"The first batch of 150 new recruits came out of the academy in January, but they entered a force where most officers either feared drug dealers too much to move against them or lived on their payroll."

After decades of full-scale international drug war, the central fronts in this great crusade appear before us today literally smoldering, littered with shell-casings and stained in blood. That is drug prohibition's legacy and it will not change or improve. Violence will fluctuate between frequent and perpetual. Illicit drug markets will fluctuate between high availability and totally saturation. That is just the way it is and the way it will always be so long as the people currently in charge of addressing the drug problem are permitted to continue trying their ideas.

Thus, any realistic debate over our drug laws shouldn't be spiked with fictitious references to future victories or meaningful progress. An honest defense of the drug war, if such a thing could exist, would have to defend our current conditions and claim that it would be best if things stayed this way forever.

In order to fight the drug war, police are trained in all the skills they need to become effective criminal masterminds. And many of them end up doing exactly that.

The Los Angeles Times tells the story of a group of narcotics officers who formed a gang that robbed dealers and sold drugs. It's a disturbing, though perfectly typical and illustrative, example of how the drug war functions as a training seminar in police corruption.

In the beginning, corruption is just a tactic for catching the bad guy:

Palomares admitted on the stand that he and fellow officers periodically planted drugs -- "cop dope," he called it -- on suspects against whom they didn't have sufficient evidence and then wrote false police reports, but he said he felt doing so was justified.

"We felt we were at war," he said. The officers who did such things, he said, "were the officers who really did their jobs and didn't let the gang members win."

Then it escalates. Widespread corruption inspires "clean" officers to turn dirty and get a taste of the action:

Palomares said he turned to crime after getting hurt on the job and becoming disillusioned by the suspension and subsequent firing of officers implicated in the Rampart police corruption scandal.

Good cops, once corrupted, make the best bad cops:

Palomares said William Ferguson, whom he met while the two worked together briefly in the Rampart Division, was a thorough searcher whom he could count on to find drugs or money hidden in locations where they conducted their bogus raids.

"I used to joke that he was like a bloodhound," Palomares testified, a slight smile crossing his face. "If there were drugs, I knew he would find them."

Police training and resources are converted into instruments of criminality:

Under questioning by prosecutor Jeffrey S. Blumberg of the Justice Department's civil rights division, Palomares at times sounded like an active duty police officer as he talked about "formulating a plan" prior to doing "takedowns" on the locations.

Blumberg asked about the significance of arriving at the locations in a police car.

"That way we wouldn't have any resistance or any problems," Palomares said.

It's important to note that the reason police are constantly arrested for drug war corruption isn’t because they're sloppy. These are highly skilled criminals with unique knowledge of how to keep their criminal enterprises under the radar. The reason we hear stories like this so often is because police corruption in the drug war is incredibly commonplace and endemic. Thus, for every such story one reads, countless similar operations continue undetected.

As this story illustrates, it does not matter if narcotics officers are subjected to rigorous psychological evaluations, background checks, or financial disclosures. This is all irrelevant because they aren't dirty when they arrive. They are rendered that way by the inherent filthiness of the job itself. The grinding, fruitless, repetitive process of whacking moles with a mallet leaves one defeated and desperate. As frustration ensues, one eventually casts the mallet aside and commences kicking the arcade machine until the coins come pouring out.

So if anybody needs a concrete demonstration of the drug war's inevitable continued failure, look no further than the daily revelations in our nation's newspapers about the role of police themselves in redistributing confiscated narcotics for personal profit.

TalkLeft drew attention this evening to a report in the Dearborn, Michigan, Mail & Guardian of a now-former police officer who confiscated a suspect's marijuana and wound up calling 9-1-1 over it. He and his wife baked some of it into brownies, and then (apparently) freaked out. Officer Edward Sanchez resigned, and the department decided not to press charges, which irritated city councillor Doug Thomas. TalkLeft's Jeralyn Merritt is glad he wasn't charged:

Yes, it's bad to take a suspect's pot. But I don't think it warrants criminal charges. Disciplinary charges, to be sure, but the cop resigned first. And, in the grand scheme of things, it's better that someone who overdoses on drugs like heroin not to be afraid to seek medical attention. Some things are better confined to the realm of the doctor-patient privilege.

I agree with the overdose prevention angle. In fact, we have a whole category devoted to that idea on this web site. But I'm not sure how I feel about just having disciplinary action in most cases. It's one thing to slip up, especially when it comes to an activity like drug use that shouldn't be a crime at all. It's another thing to arrest a person, take his drugs (his property), send him to jail for the drugs and then commit the same crime that you took the first guy to jail for. That makes me wonder about the officer's moral fiber (even though I don't call for sanctions of officers for mere drug use -- because I don't call for such sanctions for anyone). The Mail & Guardian article did not discuss the fate of the original possessor of the marijuana. I would like to know whether Sanchez arrested him or her, and if so what the outcome was. That said, losing his job is probably enough (even if by resignation), and as I said I agree that 9-1-1 calls over drug overdose scares should not lead to criminal prosecution, for reasons of public health policy. Update: Mark Hemingway commented on this story guest blogging for The Agitator too. In descending order of harshness toward the officer: Hemingway, me, Merritt. Another update: Orin Kerr of the Volokh Conspiracy found audio of the 9-1-1- call.

Jeralyn Merritt linked in TalkLeft today to a Chicago Tribune article covering what sounds like a fairly spectacular police corruption trial. A police ring allegedly engaged in armed robbery of drug dealers, and as part of that engaging in home invasions, falsifying police reports and lying to judges and juries. The prosecutors, not surprisingly, have gotten one cop -- Corey Flagg, who has pleaded guilty -- to testify against another -- Eural Black, who took it to trial -- in order to get a "deal," e.g., a lighter sentence. And Merritt aptly points out that in such a circumstance -- a known criminal providing testimony, in exchange for the compensation of spending less time in prison -- it's really hard to know whom to believe. There is incredibly strong incentive for the guy making the deal to say anything that will get him off more easily, and by definition the guy making the deal is someone we believe to be a criminal in the true sense of the word. Should such a person's testimony really be the basis for handing out hard-time in prison? Defense are pointing this out, and Merritt asks what the jury is likely to make of it:

What does a jury glean from all this? That all the cops were dirty, or that one cop who got caught is trying to save himself by selling out a clean cop who worked with him?... Does a dirty cop really sell out a clean cop? Or does he, caught in the headlights, just spread the blame to others as dirty as him, in hopes of a shorter sentence?

This sort of deal is made all the time, of course, on countless routine cases. I consider it to be a fundamental corruption of the administration of justice -- it is just too obviously true that one cannot trust testimony given under such a circumstance. The older type of practice is that deals would be offered to informants who provide useful information that investigators can use to then find actual evidence. Instead, drug war prosecutors, with the complicity of judges, have shed their morality and instead use the informants' mere testimony. Hmm, maybe that's one of the reasons some people don't like snitching.

What do police officers have to say about the indictment of three Atlanta police officers -- two of whom have now pled guilty -- in the murder of Kathryn Johnston? Well, not much.

Officer.com has a thread on this topic, which consists primarily of debate over the facts of the case. There are a few factually incorrect statements, and several corrections, but what you won't find is any substantive discussion of the systemic drug war corruption that made this tragedy inevitable.

The only exception is this comment from the ubiquitous Howard Wooldridge of LEAP:

The 'facts' will probably always remain murky. I blame the Drug War for the entire incident and grandma was simply more collateral damage. This is far f/ the first oops which caused death and won't be the last. Until we become as wise as our grandparents and end this New Prohibition, our profession will continue to suffer, as does the community we protect. Someone tell me one advantage, one good outcome of this policy after we have spent a trillion taxpayer dollars and arrested some 36 million people...Hiway Howie

Sadly, no one even responds to Howard. It is really quite disappointing to find that one of the most shocking revelations of police misconduct in recent years provokes such shallow discussion from law-enforcement officers.

Until police take interest in the numerous lessons to be learned from such tragedies, the list will just continue to grow.

Via Rogier van Bakel, here's another example of gratuitous malfeasance courtesy of the war on drugs.

From the Milwaukee Journal Sentinel:

The Milwaukee Police Department is accused of taking possession of a Mercedes-Benz convertible from a drug-addicted local businessman in return for agreeing not to prosecute him for cocaine possession.
…

"In brief, the family claims Beck did this only because it was threatened that the fact he had been arrested would be affirmatively disclosed to his former wife's attorney to be used against Mr. Beck in a child custody matter."

Again and again, we discover our public servants perverting justice and jettisoning any remote appearance of caring about the law. The complete moral bankruptcy of the drug war becomes particularly vivid when police start offering to drop charges in exchange for luxury sports cars.

Of course no such incident would be complete without the obligatory nonsensical rationalization from the local prosecutor:

"The drug violation in this case, . . . possession of cocaine, is among those violations for which a vehicle is not subject to forfeiture," [Milwaukee County district attorney, E. Michael McCann] wrote. "We believe the officers acted in good faith under this creative interpretation in justifying securing Mr. Beck's car, but it cannot stand up as a matter of law."

Ok, if something "doesn't stand up as a matter of law" that means it's illegal. It's not a "creative interpretation" of some otherwise appropriate sanction, and police shouldn't be administering punishments anyway. Of course Mr. Beck ultimately wasn't punished, because the police department accepted a bribe instead. That's called extortion.

Equally preposterous is McCann's casual determination that the officers acted in good faith. The "good faith" doctrine forgives police for actions they believed to be legal (i.e. executing a flawed warrant), but it requires some vague pretense of reasonableness. Calling something like this "good faith" is an extremely generous, but obnoxiously typical, prosecutorial response to police misconduct.

As long as prosecutors persist in redefining misconduct as "creative" or "good faith" policing, we should expect plenty more of it.

A new day, a new extreme as the dark swarm of drug war-corrupted cops continues to swell.

From The Baltimore Sun:

Disarmed municipal police patrolled alongside armed state police Friday, a sight that brought some comfort to many in this border city, where municipal police are often equated with corruption and drug-fueled violence.
…

Members of the 2,300-strong municipal police force were ordered by the military to turn in their weapons to see whether any are linked with homicides and other crimes. More than 2,000 weapons, most of them 9 mm handguns, but also some automatic weapons and shotguns, are being inspected.

There's something terribly wrong when public safety necessitates the disarmament of the police. It's a bizarre situation that would never happen in a million years if it weren't for the infinitely corrupting influence of the war on drugs. Indeed, the drug war is more than mildly corrosive; it corrupts entire nations, beginning with the people placed in charge of preventing corruption.

The best evidence that everything is going to hell comes from the citizens of Tijuana, who couldn't be more thrilled about the disarmament of their police force:

Municipal police may get their weapons back within two weeks, Tijuana officials say, but many residents aren't demanding urgent action.

"This is stupendous," said Alfredo Arias, the manager of a restaurant in the tough neighborhood of La Libertad that was riddled by hundreds of bullets in a shootout last year between masked gunmen and federal agents.
…

Alberto Capella, president of Tijuana's citizens advisory council on public safety, said disarming the police had met with widespread support. "In some ways it's a necessary evil ... part of the cleansing we need to improve the department." he said.

I totally understand. The worst consequences of U.S. drug policy are suffered by innocent citizens in source countries, but I can think of a few good reasons to disarm some of the cops up here. Maybe the Mexicans are on to something. But even drastic steps like disarming police cannot quench the drug war's insatiable appetite for chaos and disorder.

We're seeing a steady escalation of drug trade violence across our southern border, and while many bloggers are concerned, most are content to simply propose building fences and such. Never mind that drug prohibition will always encourage well-financed drug traffickers to cut holes in the fence.

No, a fence isn't going to work. Unless it's a magic fence. A magic fence that knows how to end drug prohibition.

It's diabolical! It's confusing! It's the Rack N' Roll Conspiracy and Radley Balko has created an entire category for it.

This is the story of David Ruttenberg, the totally law-abiding owner of Rack N' Roll billiards in Manassas, Virginia, who for years now has been targeted in repeated and fruitless attempts to link his business to drug activity. His livelihood is now almost completely destroyed and most of the cops and public officials in Manassas seem to be in on it. Motivated by an apparent desire to build an off-track betting facility on the property, Manassas police and others have spared no expense in this otherwise inexplicable series of bizarre events.

My favorite part is when Ruttenberg tries to explain his plight to a local news reporter at 1:00 in the morning and the Mayor suddenly jumps out of the bushes and tells the reporter not to trust to him.

Balko's research illustrates the ease with which ambiguous allegations of drug activity can be used by politicians as leverage against their enemies. Still, I suspect that the only thing unique about this story is the fact that someone as meticulous as Balko took an interest in it. His work on the Cory Maye case similarly illustrates the improbability of severe police corruption coming to light absent the involvement of a politically savvy blogger from Washington, D.C.

When business owners can be held liable for activities they had no knowledge of, it becomes painfully easy for corrupt officials with ulterior motives to capitalize on malfeasance.

If you were trying to screw over a business owner, how would you do it? Think about how easy it is to frame someone for drugs. Think about it, then ask yourself how often it happens.

On Friday, I blogged about how for the first time in years I hadn't run a "This Week's Corrupt Cops" piece because I couldn't find any stories. The response has been most gratifying, with several of you sending stories I hadn't seen my way via the blog.

Some of you have undoubtedly noticed that the long-running "This Week's Corrupt Cops" feature was missing this week. That's because I didn't have any stories for it. Now, it may have been because there was no corrupt cop news in the past week, but I find that hard to believe given the outstanding record our police have built up over the years.