[quote]idaho wrote:
Well, I am with you, WTF???. I really do feel like I have been working on Arrakis, instead of Central Asia. I am really out of touch with US SWAT, I have never heard of this. My first impression is one of distaste, and, believe me, I am no fan of the ACLU, but, this just seems wrong. You either operate within the rules of law or you dont. Operate like a professional, do your best in all situations, make the best decisions you can, and let the chips fall where they may. Thats is all you can do. No matter how much you try, someone will always scream foul.
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Strongly Agree.
Assuming that such exclusions were defined/handled narrowly I would support redacting certain information. Off the top of my head I could see some TTP’s and capabilities falling into the “blacked out” category. I realize this would be a fuzzy distinction, but I think most FOIA/disclosure requirements allow certain exclusions for such things.
[quote]
I never worked on a “regional SWAT team”, I was Tactical Commander for a large city force. We never answered to a executive counsel, so, I dont know the legal issues involved. Feels like a setup to protect agencies from lawsuits.
Again, I really hope Mapwrap can shed some light on this. Thanks for posting [/quote]
The “setup to protect from lawsuits” thing is what brings the Whiskey Tango Foxtrot the hardest for me.
If it is simply a stall to hold off on a specific FOIA request, I don’t like it and it makes me suspicious as hell.
If it is an attempt to invoke some kind of blue shield version of sovereign citizen B.S. where all definitions and relationships are subject to “rolling definition” than I find it wholly immoral and inappropriate. However I can understand the appeal of “if it helps to be a 501(3)(c) we are. If it helps to be .gov we are.”
What melts my brain is the idea that any reasoned individual would try to define their police unit/organization as a private venture if they had the choice.
Off the top of my head I have questions about:
Pay structure: Is it even legal for public funds to pay for the officers time/benefits.
Command Structure: Does this imply that a private entity is commanding government LEO’s? How the fuck does that play out? Can I get in on that?
Legality of warrants/arrests: Can private entities serve search and arrest warrants? Does this make the SWAT team basically process servers?
Weapons issues: Post '86 full auto? NFA issues with barrel length, suppressors, ect.? Hell it is Massachusets add post AWB “evil” features and pre/post magazine capacity issues are on the table. Registry? Storage?
Use of Force Issues:
I believe private citizens in MA have a “duty to retreat” when not in their home. They have a “castle doctrine” law for their own dwellings. So, how the fuck does that jive with SWAT/dynamic entries? I am not claiming to be knowledgable about SWAT entry or operational TTP’s, but I am pretty sure “always retreat if possible” isn’t best practices. I’ve got this Monty Python image of SWAT training where the brief is “Dominate the room and aggressively clear your area of responsibility. Unless there is someone in it. Then run away.”
Thing I am certain about: Qualified Immunity is not attached to non government agents/organizations. “Good faith” is not a defense against civil tort. If the organization gets to claim “private” than both the organization and its employees can be held personally liable in civil court. This at the very least puts the LEO’s personal assets at risk. I would be willing to entertain a bit of the snark with “you can quit” but this isn’t so much a policy change (giving the good/not stupid cops chances to transfer) as statement of being. Like, if its true than the cops always were private agents and can be jammed up for things that were above board when they happened but suddenly “aren’t”.
If this were Arrakis somebody’s command would be under the Crysknife.
The more I think about this it has to be fake/mis represented. It is the Washington Post which has a certain “fuck the police” tendency and Balko makes a significant portion of his income railing against the “militarization” of the police. Put the two together and maybe this was intended for the “all police actions are immoral” choir.
Regards,
Robert A