Rise of the Warrior Cop (62 page)

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 likely 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.