- When Cops
Become the Gangsters
-
- by Joseph D.
McNamara
- Retired Police Chief
of San Jose CA, a Research Fellow at the Hoover
Institution at Stanford University. His forthcoming Book
Is Gangster Cops: the Hidden Cost of America's War on
Drugs.
-
Los Angeles
Times
September 21,
1999
-
-
- The war on drugs has spawned an
ominous form of corruption: protector becoming the
criminal.
-
- It may not be much comfort to
Police Chief Bernard C. Parks and the people of Los
Angeles during the current corruption scandal, but the
pattern of small gangs of cops committing predatory
crimes has occurred in almost every large city in the
nation and in a great many less populated areas as
well.
-
- Six years after retiring from
35 years in policing, I began research for a book on
police administration. Studying the nation's police
forces, I was stunned to discover that the old-type
corruption uncovered when cops occasionally were caught
taking payoffs from gangsters had been replaced by
something considerably more ominous. Throughout the
country, small groups of
- cops were the
gangsters.
-
- The lure of fortunes to be made
in illegal drugs has led to thousands of police felonies:
armed robbery, kidnapping, stealing drugs, selling drugs,
perjury, framing people and even some murders. These
police crimes were committed on duty, often while the cop
gangsters were wearing their
- uniforms, the symbol of safety
to the people they were supposed to be
protecting.
-
- Of course, only a small
percentage of American police officers are recidivist
felons. Sadly, however, these predatory criminals are
protected by a code of silence. Otherwise honest officers
who knew or suspected what was going on did not report
the crooks, and at times even lied rather than testify
against other cops.
-
- A code of silence is not unique
to police. It exists in the White House, among students,
doctors, lawyers, business executives and other groups.
Indeed, even as children, our parents and peers admonish
us not to tattle. Basic human characteristics of loyalty,
trust and security are involved. These motivations are
even more intense in police work. If cops make an error
of judgment, they or someone else may be killed, or they
can be sent to jail for using too much force. And even
the most ethical officers fear being falsely accused of
brutality or other crimes and of being railroaded to
prison because their chiefs or mayors will not support
them in politically volatile cases.
-
- Furthermore, the code of
silence is strengthened because many cops chafe under the
pressure from superiors to make petty arrests for drugs.
State and local police made approximately 1.4 million
drug possession arrests last year. Very few took place
with search warrants, although the 4th Amendment, with
few exceptions, requires the police to obtain a judicial
warrant to search people or their homes. It is so common
for police to lie about how they obtained drug evidence
that the term "testilying" has replaced "testifying" in
police jargon. Ambitious politicians and police brass
calling for more arrests condemn the code of silence
while ignoring widespread police perjury in drug cases.
It is not surprising that many cops feel that the only
one they can really trust is another cop.
-
- Nevertheless, it is perverse
when those sworn to enforce the law instead shelter
predatory criminals who happen to carry a badge.
Minorities tend to be the victims of the most grievous
police crimes. The current Los Angeles police shooting
scandal, like the thousands of cop crimes elsewhere, does
immeasurable damage to the credibility of the criminal
justice system. Mayors and police chiefs usually assure
their citizens that there are only a few rotten apples
when these scandals are publicized. Yet the number and
similarity of police gangster crimes nationally indicate
a crisis in
- American policing.
-
- Official corruption will be a
major problem as long as we cling to the present drug
policies. The code of silence cannot be totally
eliminated. But the harm to good cops and to society can
be reduced if politicians abandon their demagogic calls
for a police war against drugs. Police officers who are
true partners with the community in reducing crime will
be far more likely to report thugs on the force than cops
who think they're part of a warring occupation
army.
-
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