WHAT’S WRONG WITH NO-KNOCK RAIDS: Radley Balko and Joel Berger have a piece in the Wall Street Journal today:

Criminologist Peter Kraska estimates that the number of SWAT team “call-outs” soared past 40,000 in 2001 (the latest year for which figures are available) from about 3,000 in 1981. The vast majority are employed for routine police work — such as serving drug warrants — not the types of situations for which SWAT teams were originally established. And because drug policing often involves tips from confidential informants — many of whom are drug dealers themselves, or convicts looking for leniency — it’s rife with bad information. As a result, hundreds of innocent families and civilians have been wrongly subjected to violent, forced-entry raids.

Last year, for example, New York City police mistakenly handcuffed Mini Matos, a deaf, asthmatic Coney Island woman during a pre-dawn raid. While her young son and daughter burst into tears, Ms. Matos’s plea to use her asthma pump was ignored until an officer realized they entered the wrong apartment.

Home invasions can also provoke deadly violence because forced-entry raids offer very little margin for error. Since SWAT teams began proliferating in the late 1980s, at least 40 innocent people have been killed in botched raids. There are dozens more cases where low-level, nonviolent offenders and police officers themselves have been killed.

Last summer a SWAT team in Sunrise, Fla., shot and killed 23-year-old Anthony Diotaiuto — a bartender and part-time student with no history of violence — during an early-morning raid on his home. Police found all of an ounce of marijuana. This January a member of the Fairfax, Va. SWAT team accidentally shot and killed Salvatore Culosi, a local optometrist with no criminal record, no history of violence and no weapons in his home. Police were investigating Culosi for wagering on sporting events with friends.

Public officials are rarely held accountable when mistakes happen. The Culosi family has yet to be given access to documents related to the investigation of his death, including why a SWAT team was sent to apprehend him in the first place. More than a year after Diotaiuto’s death, his family too has been denied access to any of the documents it needs to move forward with a lawsuit.

What’s more, New York, after promising to reform its practices, hasn’t actually delivered:

In 2003, acting on a bad tip from an informant, police mistakenly raided the Harlem home of Alberta Spruill, a 57-year-old city worker. The violence of the incursion literally scared Spruill to death; she died of a heart attack at the scene. The raid spurred public outrage, calls for reform, and promises from the city to change its ways. The NYPD published new guidelines calling for more reliability when taking tips from informants. The city also promised greater vigilance in conducting surveillance and double-checking addresses before a SWAT team was sent in.

But later, during the course of a lawsuit stemming from another, mistaken raid — in 1992, on corrections officer Edward Garrison, his elderly mother and two young daughters — the city declared that all of the post-Spruill reforms it had promised were merely discretionary, not enforceable in court, and could be revoked at will by any future mayor or police commissioner.

In any case, botched raids have not stopped. In 2004, police arrested a Brooklyn father of two in a drug raid and held him for six months at Riker’s Island. In March of this year they dropped all the charges, conceding that he had been wrongly targeted. The man’s lawyer called it the worst case of malicious prosecution she’d ever seen. Also in 2004, police mistakenly raided the home of Martin and Leona Goldberg, a Brooklyn couple in their 80s, when an informant provided bad information. “It was the most frightening experience of my life,” Mrs. Goldberg later said. “I thought it was a terrorist attack.”

I’d like to see federal legislation making the officers, and the officials who supervise them, strictly liable in all such cases, without benefit of official immunity. No-knock raids should be reserved only for cases where there’s an immediate threat to people’s lives.

Link to the full piece should work for non-subscribers for the next week.