SWAT teams claim they’re immune from open records laws

[beero1000]

http://www.washingtonpost.com/news/the-watch/wp/2014/06/26/massachusetts-swat-teams-claim-theyre-private-corporations-immune-from-open-records-laws/

As part of the American Civil Liberties Union’s recent report on police militarization, the Massachusetts chapter of the organization sent open records requests to SWAT teams across that state. It received an interesting response.

As it turns out, a number of SWAT teams in the Bay State are operated by what are called law enforcement councils, or LECs. These LECs are funded by several police agencies in a given geographic area and overseen by an executive board, which is usually made up of police chiefs from member police departments. In 2012, for example, the Tewksbury Police Department paid about $4,600 in annual membership dues to the North Eastern Massachusetts Law Enforcement Council, or NEMLEC. (See page 36 of linked PDF.) That LEC has about 50 member agencies. In addition to operating a regional SWAT team, the LECs also facilitate technology and information sharing and oversee other specialized units, such as crime scene investigators and computer crime specialists.


Some of these LECs have also apparently incorporated as 501(c)(3) organizations. And it’s here that we run into problems. According to the ACLU, the LECs are claiming that the 501(c)(3) status means that they’re private corporations, not government agencies. And therefore, they say they’re immune from open records requests. Let’s be clear. These agencies oversee police activities. They employ cops who carry guns, wear badges, collect paychecks provided by taxpayers and have the power to detain, arrest, injure and kill. They operate SWAT teams, which conduct raids on private residences. And yet they say that because they’ve incorporated, they’re immune to Massachusetts open records laws. The state’s residents aren’t permitted to know how often the SWAT teams are used, what they’re used for, what sort of training they get or who they’re primarily used against.

Move along, nothing to see here...

 

[prideandfall]

if corporations are people, and government agencies start incorporating, that means it's only a matter of time before the government itself is a person.

the batshit lunacy of people throughout history that were in positions of power never cease to amaze me, and while i knew it would happen again after the 60s, 70s, and 80s for some weird reason i thought it would take longer before those in power started to completely pig-fuck the system again and radically alter the fabric of how the power structures in this country work.

 

[Bronzeage]

My response to this idea bounces between "what are they hiding?" and "what idiot thought this was a good idea?"

One of the legal principles which allows our police force to function is the limited immunity granted to a policeman. If a policeman acts in a legal and reasonable manner in the execution of his duties, he is immune from civil lawsuits for damages done. This is not an absolute protection, but it's pretty strong. This protection is not extended to contractors. If SWAT teams are private corporations who receive funds from local governments, any attorney will argue they no longer have official immunity. When one considers that a SWAT team performs the most hazardous of all police functions, what fool would put on his kevlar and bust open the door to throw a flash grenade?

 

[Jason Harvestdancer]

You don't need to know what they are up to, if you have nothing to worry about you have nothing to hide. Why do you hate America?[/conservoprogressive]

 

[Bronzeage]

You don't need to know what they are up to, if you have nothing to worry about you have nothing to hide. Why do you hate America?[/conservoprogressive]

I need to know what they are up to, because it takes longer to hide somethings.

On a more serious note, SWAT teams are responsible for some of the most grievous errors in police work. They go into every situation expecting to meet armed resistance and are more than ready to meet it.

 

[Loren Pechtel]

They are private organizations?

Good!

Lets arrest them--there's no way they can be licensed to have select-fire weapons manufactured after 1986.

 

[Tom Sawyer]

They are private organizations?

Good!

Lets arrest them--there's no way they can be licensed to have select-fire weapons manufactured after 1986.

Who's going to arrest them? They have lots of guns and you can't call the SWAT team on them.