Rise of the Warrior Cop (61 page)

No, America today isn’t a police state. Far from it. But it would be foolish to wait until it becomes one to get concerned.

NOTES

Introduction

1
. Roger Roots, “Are Cops Constitutional?”
Seton Hall Constitutional Law Journal
11 (2001): 685–757.

2
. Ibid., p. 757.

3
. Samuel Walker,
Popular Justice: A History of American Criminal Justice
(New York: Oxford University Press, 1998), pp. 25–28.

4
. Roots, “Are Cops Constitutional?” p. 689.

5
. Ibid., p. 692.

6
. Timothy Egan, “Soldiers of the Drug War Remain on Duty,”
New York Times,
March 1, 1999.3.

Chapter 1: From Rome to Writs

1
. The Rome narrative is from Sandra J. Bingham, “The Praetorian Guard in the Political and Social Life of Julio-Claudian Rome,” PhD diss., University of British Columbia (August 1997); Robert H. Langworthy and Lawrence F. Travis III,
Policing in America,
3rd ed. (Englewood Cliffs, NJ: Prentice-Hall, 2003), pp. 40–42; and “Praetorian Guard,”
Globalsecurity.org
, available at:
http://www.globalsecurity.org/military/world/spqr/army-praetorian-guard.htm
(last accessed December 26, 2012).

2
. The history of British policing through the nineteenth century is from Langworthy and Travis,
Policing in America,
pp. 54–58; and Erik H. Monkkonen, “History of Urban Police,” in
Modern Policing,
ed. Michael Tonry and Norval Morris (Chicago: University of Chicago Press, 1992), pp. 547–580.

3
. Cicero quoted in William Blackstone, “Of Offenses Against the Habitations of Individuals,” ch. 16 in
Commentaries on the Laws of England,
book 4 (1753).

4
. Olmstead v. United States, 277 US 438 (1928) (Brandeis, dissenting).

5
. Semayne’s Case, 77 Eng. Rep. 194, 195 (KB 1603).

6
. Richard Burn,
Justice of the Peace and Parish Officer 87,
6th ed. (1758).

7
. Case of Richard Curtis, 168 Eng. Rep. 67 (Crown 1757).

8
. The Otis narrative is summarized from James M. Farrell, “The Writs of Assistance and Public Memory: John Adams and the Legacy of James Otis,”
New England Quarterly
79 (4, 2006): 533–556; and James R. Ferguson, “Reason in Madness: The Political Thought of James Otis,”
William and Mary Quarterly
36 (1979): 194–214.

9
. John Adams,
The Works of John Adams, Second President of the United States,
vol. 2, app. A (Boston: Little, Brown & Co., 1850), pp. 523–525. The Adams quote also appears in Jedidiah Morse,
Annals of the American Revolution
(s.n., 1824), p. 225.

Chapter 2: Soldiers in the Streets

1
. Engblom v. Carey, 677 F.2d 957 (1979). The US Court of Appeals for the Second Circuit ruled that the Third Amendment is incorporated to the states, that under the amendment National Guard troops are “soldiers,” and that tenants are included as “owners.”

2
. See Tom W. Bell, “‘Property’ in the Constitution: The View from the Third Amendment,”
William and Mary Bill of Rights
20 (2012); and Tom W. Bell, “The Third Amendment: Forgotten but Not Gone,”
William and Mary Bill of Rights
2 (1, 1993): 117.

3
. Robert A. Gross, “Public and Private in the Third Amendment,”
Valparaiso University Law Review
26 (1, 1991): 215–221.

4
. The history of quartering in England is from William S. Fields and David T. Hardy, “The Third Amendment and the Issue of Standing Armies,”
American Journal of Legal History
(Temple) 35 (4, 1991): 393–431.

5
. Gary B. Nash,
The Unknown American Revolution: The Unruly Birth of Democracy and the Struggle to Create America
(New York: Viking, 2005), p. 44.

6
. Fields and Hardy, “The Third Amendment and the Issue of Standing Armies,” p. 416.

7
. John Philip Reid,
Constitutional History of the American Revolution
(Madison: University of Wisconsin Press, 1986), p. 194.

8
. Oliver Morton Dickerson,
Boston Under Military Rule, 1768–1769: As Revealed in a Journal of the Times
(Chapman & Grimes, 1936).

9
. Alexander Hamilton, “Federalist No. 8: The Consequences of Hostilities Between the States,” November 20, 1787.

10
. The standing army debate is from Fields and Hardy, “The Third Amendment and the Issue of Standing Armies”; and from
The Debates in the Several State Conventions on the Adoption of the Federal Constitution as Recommended by the General Convention at Philadelphia in 1787,
2nd ed., vol. 3, ed. Jonathan Elliot (Burt Franklin, 1888).

11
. The Shays’ Rebellion narrative is from Christopher Collier and James Lincoln Collier,
Decision in Philadelphia: The Constitutional Convention of 1787
(New York: Ballantine Books (1987), pp. 12–13.

12
. Charles G. Loring, closing argument in the Thomas Sims hearing, April 8, 1851, available at:
http://archive.org/stream/trialthomassims00circgoog#page/n4/mode/2up
(accessed September 5, 2012).

13
. Jacqueline Jones,
Saving Savannah: The City and the Civil War
(New York: Random House, 2008), p. 9. As a tradesman, Sims had received better treatment than most slaves and could earn wages for his work. Even though he was required to give his wages to his mother, who was required to give them to Potter, he could have accumulated enough money before running away to bribe enough crew members to get himself to Boston.

14
. The text of the Fugitive Slave Act of 1850 is available at:
http://www.usconstitution.net/fslave.html
(accessed September 1, 2012).

15
. For an excellent history of the hearings of Thomas Sims and Anthony Burns and of the consequences of the Fugitive Slave Act of 1850, see Stanley W. Campbell,
The Slave Catchers: Enforcement of the Fugitive Slave Law, 1850–1860
(Chapel Hill: University of North Carolina Press, 1970).

16
. The Burns narrative is from Charles Emery Stevens,
Anthony Burns: A History
(John P. Jewett and Co., 1856), available at:
http://docsouth.unc.edu/neh/stevens/stevens.html
(accessed September 16, 2012); Albert J. Von Frank,
The Trial of Anthony Burns: Freedom and Slavery in Emerson’s Boston
(Cambridge, MA: Harvard University Press, 1998); and Chuck Leddy, “Boston Combusts: The Fugitive Slave Case of Anthony Burns,”
Civil War Times
(May 2007).

17
. Robert W. Coakley,
The Role of Federal Military Forces in Domestic Disorders, 1789–1878
(DIANE Publishing, 1996), p. 134.

18
. Ibid.

19
. Puleo,
A City So Grand,
p. 33.

20
. Coakley,
The Role of Federal Military Forces,
p. 137.

21
. Ibid., p. 136.

22
. Ibid.

23
. “Official Opinions of the Attorneys General of the United States, Advising the President and Heads of Departments in Relation to Their Official Duties,” vol. 6 (R. Farnham, 1856), pp. 466–474, available at:
http://books.google.com/books?id=xY5JAQAAIAAJ&dq
(accessed September 16, 2012).

24
. The Reconstruction narrative is from Coakley,
The Role of Federal Military Forces,
pp. 129–140.

Chapter 3: A Quick History of Cops in America

1
. Samuel Walker,
Popular Justice,
2nd ed. (New York: Oxford University Press, 1998), p. 16.

2
. Ibid., p. 170.

3
. Eric Burns,
Spirits of America: A Social History of Alcohol
(Philadelphia: Temple University Press, 2004) p. 229.

4
. Burns,
Spirits of America,
p. 229.

5
. The history of early policing in the United States is from Walker,
Popular Justice;
Roger Lane, “Urban Police and Crime in Nineteenth-Century America,” and Eric H. Monkkonen, “History of Urban Police,” both in
Modern Policing,
ed. Michael Tonry and Norval Morris (Chicago: University of Chicago Press, 1992); Robert H. Langworthy and Lawrence F. Travis III,
Policing in America
(Englewood Cliffs, NJ: Prentice-Hall, 2003); Burns,
Spirits of America;
and Samuel Walker and Charles M. Katz,
The Police in America,
7th ed. (New York: McGraw-Hill, 2011).

6
. See Walker,
Popular Justice,
pp. 173–175.

7
. Clayton Laurie and Ronald Cole,
The Role of Federal Military Forces in Domestic Disputes, 1877–1945
(Washington, DC: US Army, Center for Military History, 1997), p. 324.

8
. The Bonus March is summarized from Roger Daniels,
The Bonus March: An Episode of the Great Depression
(Westport, CT: Greenwood Publishing, 1971).

9
. “The Bonus Army: How a Protest Led to the GI Bill,”
Radio Diaries
(National Public Radio), November 11, 2001, available at:
http://www.npr.org/2011/11/11/142224795/the-bonus-army-how-a-protest-led-to-the-gi-bill
(accessed August 10, 2012).

10
. “1932 Bonus March,”
GlobalSecurity.org
, available at:
http://www.globalsecurity.org/military/ops/bonus-march.htm
(accessed September 1, 2012).

11
. George S. Patton, “Federal Troops in Domestic Disturbances” (1932), available at:
http://www.pattonhq.com/textfiles/federal.html
.

12
. Ibid.

13
. Douglas MacArthur, remarks at a news conference, Washington, DC, July 28, 1932, transcript available at:
http://www.wwnorton.com/college/history/america7/content/multimedia/ch29/research_01c.htm
(accessed September 15, 2012).

14
. US War Department,
Basic Field Manual,
vol. 7,
Military Law,
August 1, 1935, pt. 3, “Domestic Disturbances,” pp. 14, 31–67, cited and summarized in Laurie and Cole,
The Role of Federal Military Forces,
p. 364.

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.