by Radley Balko
15. Laurie and Cole, The Role of Federal Military Forces, p. 364.
16. Ibid.
17. Ibid., p. 365.
18. See Robert W. Coakley, The Role of Federal Military Forces in Domestic Disorders, 1789–1878 (DIANE Publishing, 1996), pp. 17–38.
19. Farnsworth Fowle, “Little Rock Police, Deployed at Sunrise, Press Mob Back at School Barricades,” New York Times, September 24, 1957.
20. Steve Barnes, “Federal Supervision of Race in Little Rock Schools Ends,” New York Times, February 24, 2007.
21. W. H. Lawrence, “Eisenhower Irate; Says Federal Orders ‘Cannot Be Flouted with Impunity’; Protection of Laws Denied; President Warns He’ll Use Troops; Queried on Force Drafted in Washington,” New York Times, September 24, 1957. For a thorough analysis of Eisenhower’s deliberation, decision, and motives about sending troops to Little Rock, see Walker, Popular Justice, pp. 174–176.
Chapter 4: The 1960s—From Root Causes to Brute Force
1. Miller v. California, 357 US 301 (1958).
2. Ibid.
3. Ker v. California, 374 US 23 (1963) (Brennan, dissenting).
4. Ibid.
5. Layhmond Robinson, “Assembly Votes Anticrime Bills,” New York Times, February 12, 1964.
6. Martin Arnold, “NAACP and CORE to Fight Bills Increasing Police Powers,” New York Times, February 29, 1964.
7. Douglas Dales, “Rockefeller Signs Bills Increasing Powers of Police,” New York Times, March 4, 1964.
8. Fred P. Graham, “Why Cops May Knock That ‘No-Knock’ Law,” New York Times, February 1, 1970.
9. Richard Bartlett, interview with the author, June 2012.
10. The Watts narrative is from Daryl F. Gates, with Diane K. Shah, Chief: My Life in the LAPD (New York: Bantam, 1993), pp. 101–119; Valerie Reitman and Mitchell Landsberg, “Watts Riots, 40 Years Later,” Los Angeles Times, August 11, 2005; Darrell Dawsey, “To CHP Officer Who Sparked Riots, It Was Just Another Arrest,” Los Angeles Times, August 19, 1990.
11. “Military Support of Law Enforcement During Civil Disturbances: A Report Concerning the California National Guard’s Part in Suppressing the Los Angeles Riot,” California Office of State Printing, August 1965, available at: http://www.militarymuseum.org/watts.pdf (accessed September 15, 2012).
12. “One person threw a rock, and then, like monkeys in a zoo, others started throwing rocks.” See “Past Police Chiefs,” Los Angeles Times, April 17, 1992.
13. Daryl Gates, Chief: My Life in the LAPD (New York: Bantam, 1992), p. 104.
14. Mapp v. Ohio, 367 US 643 (1961).
15. Robinson v. California, 370 US 660 (1962).
16. Gideon v. Wainwright, 372 US 335 (1963).
17. Brady v. Maryland, 373 US 83 (1963).
18. Escobedo v. Illinois, 378 US 478 (1964).
19. Miranda v. Arizona, 384 US 436 (1966).
20. Katz v. United States, 389 US 347 (1967).
21. William F. Buckley, “The Court and the Fifth” (syndicated), Sarasota Herald-Tribune, June 18, 1966.
22. James J. Kilpatrick, “Judicial Activists Gain Full Control” (syndicated), Evening Independent, June 9, 1967.
23. Editorials summarized in “Opinion in the United States,” New York Times, June 19, 1966.
24. Terry v. Ohio, 392 US 1 (1968).
25. Norm Stamper, Breaking Rank: A Top Cop’s Exposé of the Dark Side of American Policing (New York: Nation Books, 2005), p. 66.
26. See Barry Friedman and Dahlia Lithwick, “Watch as We Make This Law Disappear: How the Roberts Court Disguises Its Conservatism,” Slate, October 4, 2010; Susan A. Bandes, “The Roberts Court and the Future of the Exclusionary Rule,” American Constitution Society for Law and Policy issue brief, April 1, 2009; Adam Liptak, “Justices Step Closer to Repeal of Evidence Ruling,” New York Times, January 30, 2009; David A. Moran, “The End of the Exclusionary Rule, Among Other Things: The Roberts Court Takes on the Fourth Amendment,” Cato Supreme Court Review (2006): 283–309.
27. The Texas clock tower shooting narrative is from Pamela Colloff, “96 Minutes,” Texas Monthly (August 2006); Gary M. Lavergne, A Sniper in the Tower: The Charles Whitman Murders (Denton: University of North Texas Press, 1997); and William J. Helmer, “The Madman in the Tower,” Texas Monthly (August 1986).
28. Ricardo Gandara, “Casting Off Shadow of UT Tower Shooting,” Austin American-Statesman, May 13, 2011.
29. David Eagleman, “The Brain on Trial,” The Atlantic (July-August 2011).
30. Robert L. Snow, SWAT Teams: Explosive Face-offs with America’s Deadliest Criminals (New York: Plenum Press, 1996), p. 7.
31. Sid Heal, “Minimum Performance Standards,” The Tactical Edge (Winter 1991): 19–21, quoted in Snow, SWAT Teams, p. 7.
32. Rick Tejada-Flores, “The United Farmworkers Union,” for The Fight in the Field: Cesar Chavez and the Farmworkers’ Struggle, PBS, 1997, available at: http://www.pbs.org/itvs/fightfields/cesarchavez1.html (accessed September 12, 2012).
33. “Community Response Unit,” City of Delano, California website, available at: http://www.cityofdelano.org/index.aspx?NID=140 (accessed September 15, 2012); and Charles Bennett, “The Birth of SWAT,” February 25, 2010, available at: http://www.officer.com/article/10232858/the-birth-of-swat (accessed September 29, 2012).
34. Gates, Chief, pp. 124–125.
35. Ibid., pp. 125–126.
36. Michael Newton, “Thomas Reddin,” in The Encyclopedia of American Law Enforcement (New York: Infobase Publishing, 2007), p. 288.
37. Gates, Chief, p. 129.
38. LAPD, “Metropolitan Division,” available at: http://www.lapdonline.org/metropolitan_division (accessed September 30, 2012).
39. Newton, “Thomas Reddin.”
40. Gates, Chief, p. 129.
41. Ibid., p. 130.
42. Ibid., p. 131.
43. Ibid.
44. Ibid., pp. 131–132.
45. Ibid., p. 133.
46. “Police Stockpiling Weapons for Riots,” Associated Press, March 2, 1968.
47. George Gallup, “Civil Rights Holds Top Concern in US” (syndicated), April 15, 1965.
48. See, for example, David Lawrence, “War on Crime Goes Even Worse Than in Viet Nam,” New York Herald Tribune, July 28, 1965; and Richard L. Strout, “Crime Data Challenge High Court: The Supreme Court of the United States Returns to Its Cozy Marble Palace in the Capital with a Storm Against ‘Coddling the Criminal’ Raging Outside,” Christian Science Monitor, October 8, 1965.
49. “Lyndon Johnson, the Campaigner,” New York Times, July 24, 1966.
50. See Gallup, “Presidential Approval Ratings—Gallup Historical Statistics and Trends,” available at http://www.gallup.com/poll/116677/presidential-approval-ratings-gallup-historical-statistics-trends.aspx#2 (accessed October 3, 2012.)
51. Lyndon B. Johnson, “Remarks to the Members of the President’s Commission on Law Enforcement and Administration of Justice,” September 8, 1965, available at: http://www.presidency.ucsb.edu/ws/?pid=27242 (accessed September 30, 2012).
52. US President’s Commission on Law Enforcement and Administration of Justice, The Challenge of Crime in a Free Society (Washington, DC: US Government Printing Office, 1967); proposals summarized in Associated Press, “Needs Are Cited by Commission for War on Crime,” February 19, 1967.
53. “Administrative History,” Records of the Law Enforcement Assistance Administration (LEAA), US National Archives, record 423.1.
54. Dan Baum, Smoke and Mirrors: The War on Drugs and the Politics of Failure (Boston: Little, Brown, 1996), p. 9.
55. Donald Santarelli, interview with the author, July 2012.
56. Ibid.
57. Ibid.
58. William C. Eckerman, Drug Usage and Arrest Charges: A Study of Drug Usage and Arrest Charges Among Arrestees in Six Metropolitan Areas of the United States (Washington, DC: US Bureau of Narcotics and Dangerous Drugs, Drug Control Division, 1971). The study didn’t look at drug dealers, who are more likel
y to be violent; their violence stems from the fact, however, that the drugs they’re dealing are prohibited.
59. Baum, Smoke and Mirrors, p. 11.
60. Todd Gitlin, The Sixties: Years of Hope, Days of Rage (New York: Bantam, 1987), p. 337. The remark was also referenced in the trial of the “Chicago Seven” DNC protesters. Transcript available at: http://law2.umkc.edu/faculty/projects/ftrials/chicago7/chicago7.html (accessed October 1, 2012). Daley has denied that this is what he said.
61. “56 Percent Defend Police in Chicago Strife,” New York Times, September 18, 1968.
62. David Farber, Chicago ’68 (Chicago: University of Chicago Press, 1988), p. 206; “Gallup Poll Finds Nixon Is Maintaining Large Lead,” New York Times, October 10, 1968.
63. “The Troubled American: A Special Report on the White Majority,” Newsweek, October 6, 1969.
64. “Many Americans Fear Anarchy, Poll Shows,” United Press International, October 8, 1968.
65. Baum, Smoke and Mirrors, pp. 10–11.
66. Richard Nixon, speech delivered September 16, 1968, quoted in ibid., p. 12.
67. Baum, Smoke and Mirrors, pp. 13–14.
68. Edward Jay Epstein, Agency of Fear: Opiates and Political Power in America (London: Verso, 1990), p. 64.
69. Ibid., p. 65; Baum, Smoke and Mirrors, pp. 15–16.
70. Epstein, Agency of Fear, p. 65.
71. Baum, Smoke and Mirrors, pp. 15–16.
72. Milton Heumann and Lance Cassak, Good Cop, Bad Cop: Racial Profiling and Competing Views of Justice (New York: Peter Lang, 2003), p. 28.
73. Baum, Smoke and Mirrors, p. 16.
74. Epstein, Agency of Fear, pp. 66–67.
75. Richard Nixon, “Special Message to the Congress on Control of Narcotics and Dangerous Drugs,” July 14, 1969, available at: http://www.presidency.ucsb.edu/ws/index.php?pid=2126 (accessed October 1, 2012).
76. Ibid.
77. “Interview: Dr. Robert DuPont,” Frontline, PBS, 2000, available at: http://www.pbs.org/wgbh/pages/frontline/shows/drugs/interviews/dupont.html (accessed September 27, 2012).
78. Noel Greenwood, “Father, 22, Killed by Officer’s Accidental Shot into Ceiling,” Los Angeles Times, October 4, 1969; “Calif. Man Killed in Drug Raid Mixup,” United Press International, October 5, 1969.
79. Catherine Ellis Smith and Stephen Drury Smith, eds., Say It Loud! Great Speeches on Civil Rights and African American Identity (New York: New Press, 2010), p. 70.
80. Gates, Chief, pp. 134–136.
81. Matthew Fleischer, “Policing Revolution: How the LAPD’s First Use of SWAT—a Massive, Military-Style Operation Against the Black Panthers—Was Almost Its Last,” LA Times Magazine, April 2011.
82. 41st & Central: The Untold Story of the LA Black Panthers, directed by Gregory Everett, Ultra Wave Vision (2009).
83. Fleischer, “Policing Revolution.”
84. Gates, Chief, pp. 138–139.
85. “Gallup Poll Sees Concern on Crime,” New York Times, February 16, 1969; Joseph Carroll, “Most Americans Approve of Interracial Marriages,” Gallup News Service, August 16, 2007, available at: http://www.gallup.com/poll/28417/most-americans-approve-interracial-marriages.aspx (accessed October 1, 2012); “56% Defend Police in Chicago Strife,” New York Times, September 18, 1968; “Gallup Poll Sees Concern on Crime,” New York Times, February 16, 1969; Norman E. Zinberg and John A. Robertson, Drugs and the Public (New York: Simon & Schuster, 1972), pp. 29–30.
Chapter 5: The 1970s—Pinch and Retreat
1. Sen. Samuel Ervin Jr., address to the Civil War Round Table of the District of Columbia (Washington, DC: US Government Printing Office, 1961).
2. Mallory v. United States, 354 US 449 (1957).
3. “Senator Samuel J. Ervin, Jr. Defends Law Enforcement Officers in the United States,” Congressional Record, vol. 104, no. 44, August 19, 1958.
4. Herbert L. Packer, “A Special Supplement: Nixon’s Crime Program and What It Means,” New York Review of Books, October 22, 1970.
5. Paul R. Clancy, Just a Country Lawyer: A Biography of Senator Sam Ervin (Bloomington: Indiana University Press, 1974), p. 221.
6. Dan Baum, Smoke and Mirrors: The War on Drugs and the Politics of Failure (Boston: Little, Brown, 1996), pp. 29–47.
7. Clancy, Just a Country Lawyer, pp. 221–222.
8. The narrative on the 1969 DC no-knock vote is taken from Leonard Downie Jr., “Nixon Submits Bills to Fight Crime in City,” Washington Post, July 12, 1969; David A. Jewell, “Senate Unit Narrows City Crime Bill,” Washington Post, November 4, 1969; David A. Jewell, “Senate Votes Wiretap Bill for District,” Washington Post, December 6, 1969; and Clancy, Just a Country Lawyer, pp. 220–222.
9. Packer, “A Special Supplement: Nixon’s Crime Program and What It Means.”
10. “The Censure Case of Thomas J. Dodd of Connecticut (1967),” available at: http://www.senate.gov/artandhistory/history/common/censure_cases/135ThomasDodd.htm (accessed October 1, 2012).
11. Wickard v. Filburn, 317 US 111 (1942).
12. The narrative of the January 1970 no-knock debate and the votes is taken from Clancy, Just a Country Lawyer, pp. 222–224; Sam Ervin, Preserving the Constitution: The Autobiography of Senator Sam Ervin (Charlottesville, VA: Michie Co., 1984), pp. 281–292; “Ervin Hits ‘No-Knock’ Power in Drug Act,” Associated Press, January 25, 1950; “Senate Leaders Back No-Knock Raid Section of Pending Drug Bill,” Associated Press, January 28, 1970; “‘No-Knock’ Section Backed by Leaders,” Associated Press, January 26, 1970; Warren Weaver Jr., “Narcotics Raids Without Warning Voted by Senate,” New York Times, January 28, 1970; Spencer Rich, “‘No-Knock’ Drug Raids Are Approved by Senate,” Washington Post, January 28, 1970; and Warren Weaver Jr., “Drug Bill Clause Divides Senators,” New York Times, January 25, 1970.
13. Clancy, Just a Country Lawyer, p. 222.
14. Paul Delaney, “Concern Voiced over Crime Bill,” New York Times, May 24, 1970.
15. “Appropriate Action” (editorial), Washington Post, May 14, 1970; “Shipley Blasts Eaton, Phillips on No-knock,” Washington Afro-American, May 19, 1970.
16. Lesley Oelsner, “A Look at ‘No-Knock’ Clause in DC Crime Bill,” New York Times, July 26, 1970.
17. James K. Batten, “Crime in Washington,” New York Times, March 22, 1970.
18. Quoted in Michael Flamm, “Politics and Pragmatism: The Nixon Administration and Crime Control,” in White House Studies Compendium, vol. 6, ed. Anthony J. Eksterowicz (Hauppauge, NY: Nova Publishers, 2007), p. 131.
19. Tom Wicker, “A Danger to All,” New York Times, January 30, 1970; Art Buchwald, “A Knock at the Door” (syndicated) Fredericksburg Free Lance-Star, November 24, 1970.
20. “Appropriate Action,” Washington Post, May 14, 1970.
21. William F. Buckley Jr., “Evils Must Be Weighed in No-Knock Raid Law” (syndicated), Milwaukee Sentinel, February 3, 1970.
22. Oelsner, “A Look at ‘No-Knock’ Clause in DC Crime Bill.”
23. DC Superior Court chief judge Harold H. Greene, quoted in Robert M. Smith, “Detention Power and No-Knock Warrants Used Little in Capital in First 7 Months,” New York Times, September 27, 1971.
24. Clancy, Just a Country Lawyer, pp. 222–223.
25. “Nixon Signs No-Knock Bill, Hits Anti-Crime Inaction,” Associated Press, July 30, 1970.
26. Ervin, Preserving the Constitution, p. 289.
27. Donald Santarelli, interview with the author, August 2012; see also Baum, Smoke and Mirrors, p. 65.
28. “Detroit: Heroin Shooting War,” Time, June 21, 1971. Also quoted in Baum, Smoke and Mirrors, pp. 58–59.
29. Leonard Curry, “DC Police Chief Cuts Crime Rate by Working with People,” Washington Afro-American, March 6, 1971.
30. Ibid.
31. Ibid.
32. “The Law: What the Police Can—and Cannot—Do About Crime,” Time, July 13, 1970.
33. Ibid.
34. Wilson, interviews with the author, August 2012.
/>
35. 5 Crime data from the FBI’s Uniform Crime Reports table-making website application, available at: http://www.ucrdatatool.gov/Search/Crime/State/StateCrime.cfm (accessed October 10, 2012).
36. Wilson, interviews with the author, August 2012.
37. Other sources for the Wilson narrative include Robert M. Smith, “Detention Power and No-Knock Warrants Use Little in Capital in First Seven Months,” New York Times, September 27, 1970; and Metropolitan Police Department of the District of Columbia, “Biography: Jerry V. Wilson,” available at: http://mpdc.dc.gov/node/226552 (accessed October 8, 2012).
38. As quoted in Baum, Smoke and Mirrors.
39. John W. Dean, The Rehnquist Choice: The Untold Story of the Nixon Appointment That Redefined the Supreme Court (New York: Simon & Schuster, 2002), p. 84.
40. “Floor Vote on Rehnquist Nomination,” Congressional Record, December 10, 1971, available at: http://www.loc.gov/law/find/nominations/rehnquist-aj/vote.pdf (accessed September 30, 2012).
41. Richard Nixon, “Special Message to the Congress on Drug Abuse Prevention and Control,” June 17, 1991.
42. Quoted in Flamm, “Politics and Pragmatism,” p. 132.
43. Edward Jay Epstein, Agency of Fear: Opiates and Political Power in America (London: Verso, 1990), ch. 24.
44. Ibid., p. 71.
45. Baum, Smoke and Mirrors, pp. 59–60.
46. Epstein, Agency of Fear, p. 140.
47. Ibid., p. 136.
48. Richard Nixon, “Remarks About an Intensified Program for Drug Abuse Prevention and Control,” June 17, 1971, available at: http://www.presidency.ucsb.edu/ws/index.php?pid=3047 (accessed October 5, 2012).
49. Haldeman’s diary, pp. 327–328, quoted in Baum, Smoke and Mirrors, p. 62.
50. Epstein, Agency of Fear, pp. 193–202.
51. Baum, Smoke and Mirrors, p. 67.
52. Michael J. Sniffen, “Knock at Door Strikes Terror into These Families,” Associated Press, June 26, 1973.
53. Epstein, Agency of Fear, pp. 193–202.
54. Unless otherwise indicated, the primary source for the Dirk Dickenson narrative, from which I have borrowed heavily, is Joe Ezsterhas, “Death in the Wilderness,” Rolling Stone, May 24, 1973. See also “Suit Impugns Integrity of Judge on Freeing Drug Agent in Death,” New York Times, February 4, 1975; “Narcotics Agent Clear in Slaying,” New York Times, September 29, 1974; “Murder Prosecution of Agent Clifton Upheld,” Eureka Times-Standard, March 22, 1973; Richard Harris, “Probe into Dirk Dickenson Shooting Still Continuing,” Eureka Times-Standard, June 29, 1972; “Humboldt Named Target of $6,050,000 Claim,” Eureka Times-Standard, July 7, 1972; and United States v. Zagari, 419 F.Supp. 494 (1976).