Report: Army violated Posse Comitatus in Alabama

From the AP:

SAMSON, Ala. (AP) -- An Army investigation found that soldiers should not have been sent to man traffic stops in a small Alabama town after 11 people were killed in March during a shooting spree.

An Army report released to The Associated Press on Monday in response to a Freedom of Information Act request said the decision to dispatch military police to Samson from nearby Fort Rucker broke the law. But an Army spokesman said no charges have been filed following the Aug. 10 report.

"As a result of the findings of the report, the Army took administrative action against at least one person," Lt. Col. Christopher Garver said.

The action was less than a transfer or discharge but Garver would not elaborate.

The report from the Department of Army Inspector General found the use of military personnel in Samson violated the Posse Comitatus Act, which prohibits federal troops from performing law enforcement actions. The names of those involved were redacted from the report. [emphasis added] ...

Article here. Seems like we need some remedial training for military commanders on Posse Comitatus.

Fifth Circuit says no SWAT teams for administrative inspections

From Reason Magazine:

It's a "Well gee, you'd hope so" sort of victory, but the U.S. Court of Appeals for the Fifth Circuit has ruled that using a SWAT team to conduct an administrative or regulatory search is a violation of the Fourth Amendment.

The case stems from what was clearly a drug raid conducted on a bar in Louisiana by the Rapides Parrish Sheriff's Department. But the raid was conducted under the auspices of an alcohol inspection, which allowed the department to get around the need for a criminal search warrant.

The Fifth Circuit ruled such a raid violates the Fourth Amendment, and is allowing a civil rights suit against the officers involved to go forward. From the opinion:

Taking plaintiffs' factual allegations as true, defendants did not enter Club Retro as would a typical patron; instead, they chose to project official authority by entering with weapons drawn in a S.W.A.T. team raid. They lacked any particularized suspicion or probable cause when they subsequently searched Club Retro, its attic, and the separate apartment and seized and searched all of its patrons and employees. Thus, defendants' entry and search was not a reasonable acceptance of Club Retro's invitation to the public. Any other conclusion would be an invitation for S.W.A.T. team raids by law enforcement officers of any business that is open to the public and would severely undermine the Fourth Amendment protections afforded to owners of commercial premises.

We are likewise not convinced by defendants' second argument that they conducted a permissible administrative inspection. Although Louisiana statutes and Rapides Parish ordinances authorizing administrative inspections may have provided justification for an entry and inspection of Club Retro, no such law permits the scope and manner of the raid that plaintiffs allege occurred here...

Administrative inspections, by their very nature, require more limited, less intrusive conduct than is alleged to have occurred here. We thus conclude that defendants' S.W.A.T. team entries and extensive searches, as described in the amended complaint, unreasonably exceeded the scope of Louisiana and Rapides Parish administrative inspection laws. Any other conclusion would allow the administrative inspection exception to swallow the Fourth Amendment's warrant requirement for searches of private property.

...

Article here.

Police abuse access to official databases

From the Bay State:

Police from communities across the state have repeatedly tapped into the state's criminal records system to improperly access information on celebrities and "high-profile citizens," according to a scathing audit released yesterday that also branded the system as obsolete and flawed.

Law enforcement personnel looked up personal information on Patriots star Tom Brady 968 times - seeking anything from his driver's license photo and home address, to whether he had purchased a gun - and auditors discovered "repeated searches and queries" on dozens of other celebrities such as Matt Damon, James Taylor, Celtics star Paul Pierce, and Red Sox owner John Henry, said two state officials familiar with the audit.

The Criminal Offender Record Information system, with its massive databases of criminal records, driving histories, car ownership, and Social Security numbers, is intended to provide police and prosecutors with complete portraits of individuals who have been arrested or brought into the court system. Reports are available to other users such as landlords and some employers conducting background checks on prospective tenants and job seekers. Access is supposed to be restricted to authorized law enforcement users, who are specially trained.

But the yearlong review by state Auditor A. Joseph DeNucci depicts a system repeatedly accessed by users "without any apparent work-related justification."

Such unauthorized use could be considered fraud under federal law, and "disciplinary action, up to and including dismissal and/or criminal prosecution" could follow misuse of the system, DeNucci's audit said.

Curtis Wood, executive director of the Criminal History Systems Board, acknowledged that inappropriate searches have been made over the years, but said the number is small.

"Compared to the 13 million transactions in the system a month, the number is a small representation of our user community," he said. "I'm fairly comfortable in saying that 99 percent do not misuse the system."

Wood said the agency is able to determine where the queries originated and will take action where necessary. He said he believes that many of the searches were legitimate, with officers looking up individuals who happen to have the same names as celebrities.

DeNucci's audit condemned the decades-old system as antiquated, highly vulnerable to mistakes, and easily accessed by unauthorized users. With terminals in many locations that allowed anyone to look up information, the system permitted law enforcement officials access without fear of being identified and detected. [emphasis added] ...

Article here. If the system is "highly vulnerable to mistakes", I'll bet there are lots of outdated or inaccurate records in the system. Hard to imagine that the system processes 13 million transactions a month -- Massachusetts isn't that big of a state, although it is Big Government heavy to the point of obesity.

Patriot & Oath Keepers Rally, Lexington Green, 19-APR-2009

From Oath Keepers, comes this announcement:

Special Announcement! Oath Keepers will muster on the Lexington Green, Lexington Massachusetts, this coming Sunday, April 19th, 2009, from 12 noon to 3 pm.

Oath Keepers has just been invited to participate in a special free rally on the Lexington Green this April 19, sponsored by Committees of Safety (founded by Walter Reddy and with Dr. Edwin Vieira as Honorary Chairman).

Committees of Safety has invited Oath Keepers' founder Stewart Rhodes to be one of four speakers at the event, and we are in turn inviting all of YOU to join us on the Lexington Green to celebrate "The shot heard around the world"- April 19, 1775, where the first fighting in the Revolutionary War occurred.

Other speakers will be Dr. Edwin Vieira - scholar on the history of the events leading up to the Revolution and also on the historic militia; Walter Reddy - Founder, Committees of Safety; and Garrett Lear - The Patriot Pastor - who was born in Lexington, and who's ancestor stood at Lexington Green on April 19, 1775 and faced off British troops.


SPECIAL OATH REAFFIRMING AND SWEARING IN CEREMONY ON LEXINGTON GREEN.

On that day, on Lexington Green, on April 19, we Oath Keepers will read aloud our Declaration of Ten Orders We Will NOT Obey and will then reaffirm our oaths to defend the Constitution.

And, for those of you who have never taken the oath to support and defend the Constitution against all enemies, foreign and domestic, here is your chance to do it on a special day, in a special place, on hallowed ground, in honor of the embattled farmers - Oath Keepers all - who stood and fought at Lexington and Concord on that day so long ago and then beat the hell out of the Regulars all the way back to Boston, along "Battle Road."

We can't imagine a more soul stirring experience than to stand in ranks, right there where those heroes stood, and mutually pledge to each other our Lives, our Fortunes, and our sacred Honor in defense of the liberty those men won for us and in defense of the Constitution.

Join us! Veterans, active duty, police, fire fighters, and dedicated patriots. We realize this is short notice, but if you can get there, please do join us for what will most assuredly be an electrifying experience you will never forget.

The official event will run from 12 noon to 3 pm, on Sunday, April 19 but Stewart Rhodes, Dave Freeman, Jim Ayala, and others within the national Oath Keepers organization will be there from Friday evening, all weekend, and part of Monday and you can expect that we will make full use of our time together in fellowship with our brothers in arms, whether it be in quiet contemplation on the Green or at Concord Bridge, walking along Battle Road, touring historic sights in Boston, or over some pints of Ale at a local historic tavern.

All are welcome. We would be honored to meet you and spend time with you.

SPECIAL FILMING OF THE EVENTS, OF OATH KEEPERS READING OF OUR DECLARATION, AND FILMING OF YOUR OATHS AND TESTIMONIALS.

We will bring several cameras and film crews and will be filming the entire ceremony, and will also be filming those Oath Keepers who are willing to take part in an outreach film project we are working on. Part of that project will include individual active duty, veterans, police, fire fighters, etc. reading off parts of the Declaration of Ten Orders We Will Not Obey and also reading off parts of the oath to defend the Constitution. All of that material will be compiled into a ten minute montage of all who participate, reading the Declaration and Oath, with each of you on film reading a few words or sentences each.

And we will also be filming the full, individual testimonials of those who are willing to give their own personal testimonials on video.

And all of those films will be used as part of our outreach efforts to active duty military, police, veterans, etc. and will be put online on Youtube, on the new, upcoming Oathkeepers.org website, and elsewhere on the web.

Oath Keepers ... Guardians of The Republic .... Honor Your Oaths .... Join Us on Lexington Green.

Here is the announcement from the Committees of Safety Website:

When: Sunday, April 19, 2009 *Celebrate "The shot heard around the world"- April 19, 1775

Time: Noon - 3pm ( Rain or Shine )

Where: Massachusetts Ave. @ Bedford St.

Lexington, Massachusetts

Opening: Fife and Drums- Lexington Minute Men

Speakers: Dr. Edwin Vieira -Author / Attorney in Constitutional Law / Scholar - Colonial legal history

Walter Reddy - Founder, Committees of Safety

Son of the American Revolution

Garrett Lear - The Patriot Pastor

Born in Lexington - Ancestor stood at Lexington Green on April 19, 1775 and faced off British troops

and [Stewart Rhodes, of Oath Keepers!]

Guardians of the Republic

Another plug for the Oath Keepers Project:




Spread the word to all veterans, active duty service members, and current and retired peace officers.

To protect and defend the Constitution ...

... From all enemies, foreign and domestic.

From Stewart Rhodes' new Oath Keepers blog:

About Oath Keepers: Oath Keepers is an association of currently serving military, veterans, and peace officers who will fulfill the oath we swore to support and defend the Constitution against all enemies, foreign and domestic, so help us God.

Our oath is to the Constitution, not to the President, and we will not obey unconstitutional (and thus illegal) and immoral orders, such as orders to disarm the American people or to place them under martial law and deprive them of their ancient right to jury trial.

We Oath Keepers have drawn a line in the sand. We will not “just follow orders."

Our motto is “Not on our watch!”

If you, the American people, are forced to once again fight for your liberty in another American Revolution, you will not be alone. We will stand with you.

There is at this time a debate within the ranks of the military regarding their oath. Some mistakenly believe they must follow any order the President issues. But you can rest assured that many others in the military do understand that their loyalty is to the Constitution, and understand what that means.

The mission of Oath Keepers is to vastly increase their numbers. We are in a battle for the hearts and minds of our own troops. To win that battle, Oath Keepers will use written and video testimony of active duty military, veterans (especially combat vets), and peace officers to reach, teach, and inspire our brothers in arms in the military and police to fulfill their oaths and stand as guardians of the Republic.

If you are currently in the military, are a veteran, or are a peace officer, please submit your written and/or video testimony on your oath, so you can help us win that battle for hearts and minds. Your submission may be anonymous.

Guardians of the Republic, fulfill your oath. Join us.

Read a longer description of the project here. To those readers who are active duty military, veterans, or peace officers, please consider supporting this worthy project.

This is a new project, but you can read some of the testimonials already received here. Spread the word.

Irony

From the Realm of King Daley and Prince Barack (Chicago to us mere mortals):

Nearly 100 teens marched outside Chicago police headquarters Thursday night to protest the department's plans to equip officers with semi-automatic rifles, saying the weapons could make the streets more dangerous.

Carrying signs like "Stop the War on Youth," teens said they didn't trust police with the high-powered weapons and worried gangs would be encouraged to bolster their own arsenals.

"The only people who need these guns are in Iraq," said Arthur McGraw, 19, an organizer with the nonprofit Southwest Youth Collaborative, which organized the rally. "It'll shoot through brick, car doors. Say your family is in the house eating and there's some gang violence. When they shoot these [the bullets] can come into your house and shoot your kids." [emphasis added]

Article here. Hey, who says kids don't listen anymore? These kids have obviously heard Barack Obama say that "such weapons belong on foreign battlefields and not on the street." So does that mean Chicago isn't part of America anymore? :)

Also, notice how the Chicago Tribune calls them "semi-automatic rifles" when the police have them, but the same firearms are often get called "assault weapons" in the hands of non-government employees.

Lending a helping hand?

Article from Police Magazine on asking bystanders for assistance:

Recently, I got to thinking about Nicola Cotton, the New Orleans police officer shot and killed with her own sidearm by a wanted rape suspect early this year. For seven minutes, Cotton struggled with her assailant in clear view of numerous civilian witnesses. None came forth to help the officer who was half the size of her assailant. Cotton, as well as the unborn baby she was carrying, paid the ultimate price for the apathy of those who milled around, idly intrigued by the sordid life-or-death drama that played out before them.

I was both depressed and disheartened by the incident. Depressed by the loss of another officer’s life; disheartened that so many she was trying to protect didn’t try to do as much for her.
...
Fortunately, there are those civilians who—requested or not—will jump into the fray in a cop’s hour of need.

People like twenty-one-year-old Ben Saks, who in 2006 was shot in his left hand while helping a police officer.

Or Texan Travis Neel, who, having witnessed the shooting of a Harris County deputy sheriff, pulled his own gun and fired, driving the deputy's assailants away.

Article here. One important consideration to be aware of if you take action to assist an officer being attacked is friend-or-foe identification for responding officers. In other words, how will responding officers know you're a good guy and part of the solution, rather than part of the problem, especially if you have to employ your gun and the officer you're assisting becomes incapacitated and cannot communicate your "good guy" status to responding units.

Another concern is liability, although many states have laws that will provide some measure of legal protection if you act under the orders and at the direction of a sworn law enforcement officer acting within the scope of his duties. Note however that regardless of whether you're acting under law enforcement direction or not, you are still responsible for acting within the use-of-force laws, that is, the laws pertaining to non-deadly and deadly force still apply, and any actions you take must conform to those laws.

Close quarters considerations

From LawOfficer.com, but applicable to anyone who carries a gun:

According to Law Enforcement Officers Killed and Assaulted 2007, 55 officers were killed by gunfire last year. 27 of the officers killed were within zero to five feet from their offender and another ten officers were between six and ten feet from their offender. Two of the officers were killed with their own firearm.

So why are agencies still devoting so much of their allotted training time to shooting from the 25-yard line and beyond? Why are agencies still treating firearms and defensive tactics as separate disciplines?

I'm not suggesting that we stop practicing shooting from distances greater than ten feet, but I firmly believe that we need much more comprehensive training in close quarter shooting. When faced with a deadly threat within five feet, we have to be proficient at fighting with our gun.

We may have to use our non-gun hand to strike or to thwart incoming strikes, creating an opportunity to draw our firearm. Additionally, we must be prepared to protect our firearm from this range to avoid being disarmed.

Article here. I am not a fan of the two handed close quarters position mentioned in the article. At contact distances, the less dominant (non-gun) hand is typically better employed blocking and counter-striking the attacker, than providing a two handed hold on the gun.