Eziekial wrote:Judges can not stipulate how laws are executed (hense the executive branch which Police fall under) and warrants are simply orders to appear in court, so you are technically "innocent" even with an outstanding warrant until proven guilty in court. Therefor you can't have "detailed" warrants stating this guy needs SWAT and that one does not as you would have to "know" that one person is guilty and another is not before their day in court. Does that make sense? It's early and I'm still low on coffee
Unofficially the judge could ask the intended method of execution, and grant or refuse a warrant based on that, but I see your point. Having never been served with a warrant, I'm not to familiar with the contents, and not really interested in going through the process for the opportunity at a closer look
. It sounds as if changing the process on an official level there would be fairly major and most likely violate separation of powers provisions in state constitutions.
Eziekial wrote:As for the point of the author; I don't believe he was advocating complete removal of the style and tactics, he went before Congress to press the issue of donating or very cheaply selling military weapons and equipment to our Nations police forces. The thinking there (and it's a guess) is that if you have an abundance of weapons and armor, you will find a way to use it as apposed to having the Police department propose a bond or funding request for "tanks, rams and M16s" to their local populace.
It’s time we stopped the war talk, the military tactics, and the military gear.
This last statement is the one that bugged me the most. Now obviously the article does conceded the use of SWAT is in some cases necessary, and I'm not trying to take this one sentence out of context. It's placement at the end in basically a conclusionary statement isn't talking about reducing or curtailing, but eliminating. Obviously over abundance of equipment and SWAT forces is a catalyst to the problem, but I feel it's only a catalyst due to lack of restrictions on what it can be used for. I submit that simply reducing the available equipment and training won't really fix the problem. It really won't matter if police raiding a home are carrying fully automatic military fire arms or standard issue shot guns and pistols, nor if they are experts at forced entry or simply good at kicking down a door. In the end unless there are lawful restrictions on the use of no-knock warrants, non violent offenders or innocent people who represent no real threat are in the exact same situation. Reducing training and equipment to a virtual non existence will however change the situation when it comes to situations that would warrant the use of SWAT style tactics and gear.
While I'm in general agreement with the author, I do have concerns as to what exactly he is promoting, or what actions congress may take. I guess I'm more in favor of directly restricting the use of tactics and equipment in situations where common sense dictates that it is over kill, rather then trying to influence it by proxy.