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policeOn December 19, eight members of Texas’s Burleson County Sheriff’s Department banged open the door of the double-wide trailer rented by 28-year-old Henry Magee and his girlfriend. It was between five and six AM and the deputies, who were there to search for marijuana and stolen weapons, set off at least two flashbang grenades in an attempt to surprise and disorient Magee, their suspect. The leader of the team, Sergeant Adam Sowders, a seven-year veteran of the department, had requested the warrant be “no-knock,” meaning the police could enter the residence without announcing themselves. But it was possibly do to the confusion caused by the sudden entrance of the cops that led to Magee opening fire with a semi-automatic weapon and hitting Sowders. The cop later died, and Magee has been charged with capital murder, which can bring the death penalty in Texas.

The majority of SWAT-style raids on homes in the US—there are more than 100 a day—are over narcotics. It’s unclear how many are no-knock, but the line between and no-knock and announce warrants can be blurry, especially for sleeping residents who may not hear shouts of “police!”According to Dick DeGuerin, the high-profile defense lawyer representing Magee, no-knock warrants are uncommon in Texas because they are dangerous for officers who serve them.

DeGuerin told me that Magee’s girlfriend, who was five months pregnant and “hysterical, screaming, and crying” after the shooting, was forced to lie on her stomach until a female deputy let her turn over. DeGuerin is certain that Magee, whose parents asked him to take their son’s case, “had no idea” who was outside of his door that morning, and Magee thought he was being robbed. According to DeGuerin, Magee yelled “Who is it?” but go no response, then as “the door burst open,” he fired. After the shooting, Magee came out and quickly surrendered.

On Friday, DeGuerin said he hadn’t yet spoken to county District Attorney Julie Renken who filed the charges against his client. (My calls to the Burleson County Sheriff’s Department, the DA, and the county courthouse went unreturned.) He didn’t want to speak to the prospect of Magee’s chances of pleading out or having the charges dropped, but he said that the raid was initiated by a former coworker of Magee’s who had gotten himself into “some deep trouble” with the law and was trying to lessen it by informing.

The rest here.

policeLast year, Alex Saleh, a convenience store owner in Miami Gardens, Florida, installed 15 security cameras in and around his shop—but not to protect his business, which is in a rough neighborhood of a rough city, against shoplifting or any other crime. The 36-year-old put in the cameras because his employees and customers were getting bothered so often by the police. Thanks to Saleh, countless incidents of the cops harassing and arresting the neighborhood’s mostly poor, mostly black residents were caught on tape. A Miami Herald story about the cops’ habitual and casual mistreatment of Miami Gardens residents has gone viral (it has 21,000 Facebook likes at the moment), mostly because of the incontrovertible evidence of the cameras and the outrageous details of the harassment.

One of Saleh’s employees, a 28-year-old named Earl Sampson, has been stopped by police 258 times in four years and searched 100 times. He’s been arrested 62 times for just “trespassing,” and most of those incidents happened at the convenience store itself. One arrest, in June 2012, happened while Sampson was stocking shelves. Exactly how many scores of trespassing arrests does it take for Miami Gardens police to remember where someone works?

According to the Herald piece, Saleh initially consented to participate in a “zero-tolerance” program, which meant cops could come into his business and stop or arrest anyone who was loitering or trespassing. But the shopkeeper claims he tried to get out of the program after becoming concerned about how aggressive the police were being, and the cops responded by continuing to harass his customers and workers. Saleh also says that when he first tried to bring evidence of this behavior to internal affairs, several officers came into his store and stood silent for several minutes in what seemed to him to be an attempt at intimidation.

The rest here

I was listening to Taylor Swift, then I read about New Mexico cops and their officical sexual assault, and I had to switch over to NWA and a band that is actually called Copstabber.

This week, two men in New Mexico claimed they were subjected to horrific invasive anal medical procedures after minor traffic incidents during which the cops came to suspect they were carrying drugs. On November 5, a local news station reported that David Eckert was suing the city of Deming, Hidalgo County, and the officers and doctors responsible for his mistreatment during a January incident. Eckert was pulled over by officers because he didn’t come to a full stop while trying to exit a Walmart parking lot. At some point during their interaction, the cops decided that Eckert seemed to be “clenching his buttocks,” and their dog indicated it smelled drugs under Eckhart’s seat. According to Eckert’s recently filed lawsuit, local cops and state troopers got permission from a judge to send him to the hospital to get intimately probed for narcotics. Reportedly, a doctor at one hospital declined to search on ethical grounds, but the folks at Gila Regional Medical Center weren’t so concerned. Though he never consented to the search, Eckert spent the next 14 hours being X-rayed, got anally probed twice, and was given an enemathree times then forced to defecate in front of cops and doctors. None of this uncovered any drugs, but Eckert was billed for all these procedures, which cost thousands of dollars.

A startlingly similar story comes from Timothy Young, who was stopped by New Mexico state deputies in October of last year after he neglected to use his blinkers while turning. The very same dog that smelled drugs on Eckert also “found” some contraband in Young’s car, so he too was taken to Gila Medical Center and subjected to a similar battery of anal probing and X-rays. The team at KOB 4, the local news station, discovered that the dog isn’t even certified in the state of New Mexico, but Jacob Sullum at Forbes pointed out that dogs can continue to be used as drug detectors even if they are wrong most of the time, just so long as the cops say that the canines are doing their jobs.

The rest here, plus bonus background on the semi-legal status of this sexual assault.

Officer Ramos demonstrating how his scuffle with Kelly Thomas was indeed "the fight of [his] life"

Officer Ramos demonstrating how his scuffle with Kelly Thomas was indeed “the fight of [his] life”

On October 14, a 52-year-old mentally ill man named Bobby Gerald Bennett was shot at four times by police in Dallas, Texas. His mother, Joyce Jackson, who he sometimes lived with, had called them after the two had an argument; she says she was told the officers coming to the house were trained in dealing with people like her son, who has been diagnosed with bipolar disorder and schizophrenia. But one of the officers, Cardan Spencer, shot Bennett in the stomach even though he wasn’t approaching the cops—a neighbor’s surveillance video shows that Bennett was holding a knife but standing 20 feet away from them. After that video came out, the charge against Bennett of assault with a deadly weapon on a public servant got dropped and now Spencer is suspended indefinitely and being investigated himself.

This kind of incident is depressingly common. On November 18, two former members of the Fullerton, California police department will go on trial for beating and killing Kelly Thomas, a homeless man who suffered from schizophrenia, back in 2011. Manuel Anthony Ramos is charged with second-degree murder and involuntary manslaughter and Jay Cicinelli is charged with involuntary manslaughter and excessive force. (Another officer who was present at the beating will go on trial for involuntary manslaughter in January.) Thomas had a long rap sheet for “interactions” with police that went back 20 years, as you might expect in the case of a homeless man with a mental illness. By all accounts the cops, who were responding to reports of car break-ins in the area, were aware of Thomas’s problems. Yet they still beat him repeatedly as he begged for help and cried out for his father (a former sheriff’s deputy who sued the police department and brought a lot of media attention to the case). Thomas eventually choked on his own blood because his throat was crushed.

The rest here

policeIn which I am relatively soft on the police, but advise everyone to not just assume that shooting Miriam Casey was necessary. Never assume it’s necessary, because the cases where it shouldn’t have happened are mixed in and too often the cops are entirely uninterested in sussing them out.

When police officers in Washington, DC, shot 34-year-old Miriam Carey after she took them on a short, frantic car chase from the White House to the Capitol, the initial consensus was that cops performed heroically, that they saved lives from a gunman who might even have been a terrorist. But the first reports, as is often the case, were wrong. Though the spontaneous hustle for news of Twitter first used the hashtag #capitolshooting, the only shots fired were by the police, and Carey was unarmed—in fact, she never left her car. But even after all of that was public knowledge, thewidespread assumption was that the cops and secret service officers were justified in shooting at a woman who was recklessly and aggressively driving toward potential targets for terrorism and who refused to surrender to them.

On Thursday afternoon Carey, a resident of Stamford, Connecticut, drove up to a security barrier around the White House. When the Secret Service approached she turned around quickly, hitting the barrier and then speeding towards the Capitol building. In the course of this chase, two police officers were injured and a cop car crashed into a barrier. When the dust settled, Carey was dead and her now-motherless one-year-old child, in the back seat of the car, was put into protective custody by DC family services.

Now Carey’s two sisters—one of whom is a former New York City cop—are criticizing the cops, claiming they didn’t have to use lethal force on a woman who was probably terrified. There are certainly indications that, in hindsight, Carey was more of a danger to herself than anyone else. She may have suffered from postpartum depression with psychosis—there are reports that medications for bipolar disorder and schizophrenia, which she may have stopped taking, were found in her apartment. Carey apparently expressed various paranoid theories to police in December, including her belief that Barack Obama was spying on her. (Carey’s sisters dispute her ex-boyfriend’s claim that she suffered from delusions about communicating with Obama.)

Police say they are investigating the use of force, and the FBI is investigating Carey. Odds are the shooting will be ruled entirely justified even if it turns out the cops killed a woman who was merely confused and frightened. Carey’s driving would have been dangerous outside of DC, a town that just went through the Navy Yards shooting and is a ripe target for terrorists of all stripes.

It’s still alarming how quickly the situation escalated. What if Carey hadn’t meant to drive up to that first barrier outside the White House? What if she was freaked out by the Secret Service and sped away in hopes of avoiding a confrontation, and what if when she stopped long enough to have multiple guns pulled on her—seen in this video—she panicked?

The rest over here

DEA_badge_CSo, the government is shut down…and by shut down, they mean to hell with national parks, WWII memorials and the veterans who want to visit them, and kids with cancer, but dammit, 87 percent of the Drug Enforcement Administration counts as essential!

Turns out there’s a name for this blatantly political effort to make government feel essential — it’s called “Washington Monument Syndrome.” Makes sense. This game is not new. And liberals are the ones who always fall for it the hardest. They tend to respond to libertarian suggestions of even light trimming with “BUT THE PARKS AND THE ROADS AND THE DEPARTMENT OF HUGS FOR POOR CHILDREN WILL GO FIRST.”  No matter how radical you are, even a full-on anarchist knows we’re not going from choking on the corpulence of this government to frolicking in the rainbow and puppydog-topia of pure voluntaryism in one day. And before we get to those cancer kids, there’s a whole lot of stuff to get rid of.

With that in mind, please enjoy my latest VICE piece and just revel in the wretchedness of my number one pick for non-essential, fired forever, burn down their building and laugh at them agency. (They’re allowed to leave the building first, however. Because I’m nicer than they are.)

If last month’s revelation that the the Drug Enforcement Administration (DEA) has been keeping a database of phone logs since 1986 wasn’t bad enough, here’s further proof of the intrusiveness of the agency’s tactics: a lawsuit being fought between the DEA, Oregon, and the American Civil Liberties Union (ACLU) hinges on the fact that the drug warriors believe they should have easy access to the Oregon Prescription Drug Monitoring Program (PDMP) database and have been acting on that belief, even though it contradicts state law. In plain English, the DEA says that if your medical records are shared with a pharmacy—something that happens routinely thanks to the PDMP—you lose the right to assume that that information is private, even if lawmakers in your state disagree with law enforcement.

The basis for the DEA’s legal argument is the third-party doctrine, the precedent the government leans on if it wants to look into your credit card charges, your utilities bills, your emails, or anything else that you have shared with someone else. The Fourth Amendment protects you against “unreasonable search and seizure,” but increasingly, in an era where the vast majority of our private communications go through a third party, law enforcement is expanding the definition of what a “reasonable” search is.

The rest over here.

 

  • Gold-PanningA new tragedy on 9/11: this unspeakably horrible CBS New York piece on — dun dun dun — unregulated dinner parties. Reason jumped on this for good reason (my mom said it looked like a Reason TV parody of something). It’s a staggeringly pathetic imitation of something I think is supposed to be called journalism.
  • Seriously, just look at it. But at least feast your eyes on the fact that ever single commenter things that these “reporters” are morons.
  • Volokh Conspiracy post on tacky 9/11 memorializing (with muffins) notes such things might be well-meaning and “[t]hat is why we send thank you notes even for ugly wedding gifts.”
  • My most recent VICE piece was about — among other things, since there is always an exciting bullet point list! — the EPA sending armed teams to test the water on Alaskan mining claims
  • I threw together a little review of Jesse Walker’s new United States of Paranoia for The Libertarian Standard
  • I’ve started compiling a Youtube list of videos in which I am somewhere (if not technically seen). So far it’s mostly just Old Crow Medicine Show and La Plebe. I don’t think I will add weird protests or Sarah Palin at CPAC 2012, because who would want to look back fondly on those?
  • I’m still obsessing over the Cold War, particularly movies about nuclear war. I plan to do a post on that sometime soon. In the meantime I was interested to read this short blog post on Soviet movies about nukes and about the conflict with America. It sounds like there just aren’t that many, and they’re not usually the On the Beach kind of grimness. If anyone has any recommendations for nuclear war movies, send ’em my way, please. Same with novels.
  • It’s not just the Bloomberg piece my brother tears apart below, there has been a plague of complete nonsense pieces on libertarians lately. These include AlterNet on the corporate astroturf (is that still a thing?) nature of this philosophy (the 19th century — not a thing! Nor are this country’s founding documents! Weeeee!) and Salon on “11 question to see if libertarians are hypocrites.” (The latter managed to notice that there are degrees of libertarian and no, it’s not just a word for Ayn Rand lover all the time, but it’s still awful.)
  • Horrible things with the word “libertarian” in the title also includes this Cato Unbound piece headlined “The Libertarian Case for National Military Service”, The author gives it his all, and this is a debate format, but it’s still nauseating as a concept. Not to mention, I don’t think the author is a libertarian. Not that supporting the draft isn’t antithetical to libertarianism (though it is), but I actually don’t think the author is a libertarian. I mean, he’s French.
  • Noah Rothman at Mediaite trashes John Stewart and Stephen Colbert for having stopped trying. He notes that Colbert did a staggeringly disingenuous piece about the  right-wing outrage over the Obama puts feet on desk “controversy” (yeah, I missed that), including a short Red Eye clip that suggests Greg Gutfeld and Andy Levy’s horror over the photo was genuine instead of snarky. Lame, lame, Colbert.
  • Antiwar.com: The X-Files as a purely pre-911 phenomenon.
  • (Right now I’m trying to watch what Jesse Walker and io9 commenters and other credible people say is the best X-Files episode ever, Josie Chung’s From Outer Space. I keep rewinding — as we used to call it — and missing stuff. I’ve seen it, but it’s been a while.)
  • Finally!(?) the final word on what killed old Alexander Supertramp (Christopher McCandless).
  • I will forever defend McCandless, Holden Caulfield, and moshpits, even if they are all varying degrees of stupid. It’s the principle of the thing, people.
  • Actually, I think I like marriage better now, Buzzfeed.
  • Awesome.
  • Interesting — especially since they killed of the transgender teen on Degrassi, those bastards.

And finally, let’s have at today’s video:

Let me pass on this ear-worm to y’all for a spell.

  • Sen. Rand Paul might not heroically prevent a war with Syria. He may not even filibuster. But something I do appreciate — and which echoes his dear old dad´s foreign policy ideas — is how he stresses that we do not know what will happen if the US intervenes. And that ¨our¨ intervention could indeed make things worse. Insert Hayek quote about arrogant, imagined knowledge of certain folks here.
  • Paul also writes in Time, ¨The burden of proof lies with those who wish to engage in war.¨ If only that ended up being true in practice (instead of just true in the actual sense), and if that worked out for every law and government meddle.
  • I love Conor Fridersdorf, I do. It´s strange how he is too moderate a libertarian for me, yet he is doing so much more for the cause, as it were, than all the — well, other folks. Insular, ranting folks who call TSA agents ¨pedophiles¨ and then call that a blog post.
  • John Glaser on how we just don´t know how many people died in the Syrian chemical weapons attack. (Body counts are notoriously shifty, especially initially. I can picture a headline that said 25 dead at Columbine, and I seem to remember initial 9/11 counts hitting 10,000.)
  • Michael C. Moynihan on the war in Syria as compared to the Spanish Civil War — everyone needs to weigh in! Great ending line.
  • The VICE columns that go viral keep being the ones I am least satisfied with. This is terrible reinforcement for me — like all those A-grades in college that I wouldn´t have given me. (B in Dr. Cooley´s darkroom photography class on the other hand, that was a real, earned grade, dammit.) Still, I wrote about cops on camera and how the DEA continues to suck, so you can read about that over here.
  • I was on Guillermo Jimenez´s radio show last week. Jimenez is a super-radical, friendly dude. And I love that all of the ads on his show seem to be about hording gold or what have you. We talked about Syria, cops, the importance of ¨Suspect Device,¨ and other state-smashing topics.
  • Rachel Maddow is pathetically soft on Obama here — love the heaps of benefit of the doubt he is given by default — but I enjoy her conclusions on how little we need to hear from the makers of the war in Iraq. 
  • See, this is why lefties love pictures of people holding up hand-written expressions of a sentiment to which they subscribe — it´s touching and heart-warming! I see that now! (Admittedly, I did go ¨I am Bradley Manning¨ two years ago. And my heart was actually warmed by this tumblr.)
  • The fact that the patriarch even grew a mullet… Should we make hipster jokes? Canada jokes? I can´t decide how to react to this.
  • Pokey LaFarge is coming to Pittsburgh on September 24, so ideally all of you stalkers will known where to find me on that day. (Don´t do that.) Pokey is one of those folks who just didn´t click until I saw him and his band nearly overshadow Old Crow Medicine Show (albeit the one that is sans Willie Watson) this New Years Eve in Nashville.
  • Sometimes I think about emailing Harry Cheadle at VICE and pitching him a story where I enroll in the Miss Mothman Pageant. But then I come to my senses. As amazing as the name is, the pageant really doesn´t seem to be trying to live up to its namesake. If you´re going for a set beauty standard, at least pick girls with gray skin and large red eyes who are at least 8 feet tall.
  • Speaking of which — sort of — here are two of my favorite, honestly creepy Fortean Times pieces. One is on the legend of ¨Lost Cosmonauts¨ and the other is one ¨The Dyatlov Pass Incident.¨ Creepiness in the Soviet Union! Not just for stuff we know definitely occurred!

Today´s video can only be Nick Cave and the Bad Seeds with ¨More News From Nowhere.¨

I always forget that in the world there exists at least one 7´56 song that doesn´t feel endless.