Fairfax County Ad Hoc Police Commission

[cclaxton]

Sorry about the delay. Day job got busy last week, and I had a full weekend, including mountain biking Raystown Lake, PA and the Patriot Match on Sunday in Lewistown, PA. Whew!

First, my statement was an estimate and I completely am fine with being corrected....IF it is possible to be corrected. The problem with getting a definitive answer is, one of the very issues that started this Police Commission, transparency. A number of newspapers and other concerned organizations have outstanding FOIA requests with Fairfax County Police, many outstanding since February 2015. Also the Police Commission Use of Force Subcommittee has outstanding requests for this very information, which, so far, Fairfax Police have stonewalled. Here is a link to a set of FOIA answers coming from Fairfax Police. While it is understanding that some information must be redacted or withheld, I find it extremely lacking to the point of obstruction.
https://drive.google.com/folderview?...Uk&usp=sharing I say this because we can't get a definitive answer.

I have lived in Fairfax County since 1987 and read the local papers weekly, if not daily when I can, and I watch the crime listings. While I have not compiled a list, my own estimate is at least two dozen errors with no-Knock warrants. I define an error as one of two things:
1) The Police simply got the address wrong;
2) The suspect(s) or contraband under the warrant were never there...in other words the Detectives/Investigators got it wrong, at least two times from anonymous tips that turned out to be someone falsely reporting the tip, and other times the occupant looked like the suspect, but was not.

Now, to make this worse: These are the incidents where the papers/media found out about the entry. There are certainly others that Fairfax Police have not disclosed under the FOIA...and may someday, but so far have not done so.

Now here are the numbers I found:
There are an average of 70,000 criminal incidents logged by Fairfax Police per year.
Over the five year period of 2009-2013 (2014 is not yet available online), that is about 350,000 criminal incidents.
Over the same five year period there were 2,289 Uses of Force, which include Use of Force in SWAT/No-Knocks, but does NOT include those No-Knocks where no force was used or the occupants were compliant.
Outside groups (Virginia Citizens for Police Accountability, Crime Watch RT, etc.) estimate that No-Knocks constituted about 10% of the 2,289, or 229, again, over five years. They also estimate that there were about twice as many No-Knocks over that same period including the ones where no use of force was needed. So, estimated total No-Knocks is estimated at about 460 over five years. Of those, these outside groups estimate the number of errors, based on what we know publicly, and projected out is about 5% or 23.

Now, it is true there is a lot of numerical extrapolation here and this could be off, but based on the size of the jurisdiction and the number of criminal incidents, this seems like a reasonable number to me. This is a tiny percentage (something like .06%) of the overall number of incidents.

But the point here is that innocent people are being endangered and terrorized because of bad information, and, at least in two cases, were shot and killed by accident. When combined with the lack of muzzle discipline, lack of finger discipline, sub-par training, and more concern about catching bad guys that putting innocent people in danger, that is where I have a problem with this.

Someone posted an internet meme on Facebook that summarizes this:
Firefighters get called to a Fire and enter a dwelling when there is a fire;
EMT's get called to a house and enter a dwelling when someone has a medical emergency;
We will call Law Enforcement when we need you.
If you are going to enter a home fully armed, entering at night, then they need to get it right 100% of the time.

Cody

[cclaxton]

More updates on the John Geer case and the prosecution of Officer Torres:
http://www.washingtonpost.com/local/...3d3_story.html

http://www.washingtonpost.com/local/...3d3_story.html

Police Union Response
https://www.facebook.com/permalink.p...80482151962551

The Police Commission Review is scheduled for a public hearing Sept 14. I will be there to speak. My message will be this:
1) Invest in training so that LEO/SWAT are trained to know when to muzzle and to use proper finger discipline;
2) A Citizens Review Board for Police Department Oversight to handle citizen complaints and to insure Internal Affairs and the Commonwealth Attorney and Fairfax Police are providing the proper transparency and accountability.
3) Require an independent verification for No-Knock warrants and use of SWAT for home entry, unless there is an active threat.
4) A change in the leadership of Fairfax County Police, including Detectives, Chief, and IA.

Cody

[scw2]

Is the 5% error rate higher than average for other areas in the country, or how does it compare to a "good" department? As someone with no knowledge on this subject, at face value this rate seems too high.

This is further compounded by the fact that there appears to be a ~9% rate of fatalities occurring in these incidents, to say nothing about rates of lesser trauma or injuries. While the goal of 100%, realistically there will be mistakes. What a reasonable rate is, I don't know, but to a civilian the Fairfax performance is nowhere near where a reasonable level of professional competence and training.

Those in LE or with more expertise can help me course correct if I'm far off base here.

[SouthNarc]

Outside groups (Virginia Citizens for Police Accountability, Crime Watch RT, etc.) estimate that No-Knocks constituted about 10% of the 2,289, or 229, again, over five years. They also estimate that there were about twice as many No-Knocks over that same period including the ones where no use of force was needed. So, estimated total No-Knocks is estimated at about 460 over five years. Of those, these outside groups estimate the number of errors, based on what we know publicly, and projected out is about 5% or 23.

Now, it is true there is a lot of numerical extrapolation here and this could be off, but based on the size of the jurisdiction and the number of criminal incidents, this seems like a reasonable number to me. This is a tiny percentage (something like .06%) of the overall number of incidents.

So....24 wrong address hits is a W.A.G.?

Btw a dry paper doesn't constitute bad underlying facts and circumstances. That is not the way it works in real life on a real timeline with part of the unit trying to surveil a static location while one guy knocks out a paper and tries to chase down a judge.

And no reputable drug unit kicks a door based on an anonymous tip. They may tell the public that but I guarantee they probably bought dope from there with either a snitch or an undercover. Or pulled over a vehicle leaving the location after a brief stop there, searched a car/person and then got a statement that drugs were purchased there. This is usually not the only stop either.

Dope's pretty simple and there are only so many ways to create a nexus on a fixed location.

Cody if you're going to require the police to be transparent and you actually want to work with them, then I strongly suggest that you not publicly toss numbers out that are arbitrarily pulled out of thin air.

[Kukuforguns]

The problem with getting a definitive answer is, one of the very issues that started this Police Commission, transparency. A number of newspapers and other concerned organizations have outstanding FOIA requests with Fairfax County Police, many outstanding since February 2015. Also the Police Commission Use of Force Subcommittee has outstanding requests for this very information, which, so far, Fairfax Police have stonewalled. Here is a link to a set of FOIA answers coming from Fairfax Police. While it is understanding that some information must be redacted or withheld, I find it extremely lacking to the point of obstruction.
https://drive.google.com/folderview?...Uk&usp=sharing I say this because we can't get a definitive answer.

I looked over the documents in the google directory you linked. These are not PD responses to FOIA requests. The documents are logs/indices of FOIA requests received by the PD and a description of how the PD responded to the request. Moreover, many of the FOIA requests have nothing to do with SWAT or no-knock entries but deal with motor vehicle collisions, domestic disputes, etc. Since the indices are on a spreadsheet, perhaps you could sort the data to highlight the FOIA requests where you believe the PD's responses are inappropriate. I do see references to media requests for use of force incidents where the response is overdue, but that took some searching.

[cclaxton]

I looked over the documents in the google directory you linked. These are not PD responses to FOIA requests. The documents are logs/indices of FOIA requests received by the PD and a description of how the PD responded to the request. Moreover, many of the FOIA requests have nothing to do with SWAT or no-knock entries but deal with motor vehicle collisions, domestic disputes, etc. Since the indices are on a spreadsheet, perhaps you could sort the data to highlight the FOIA requests where you believe the PD's responses are inappropriate. I do see references to media requests for use of force incidents where the response is overdue, but that took some searching.

It was not my intention to suggest this was a list only of no-know FOIA's, but to show the pattern of lack of responsiveness and stonewalling...that cuts across every type of FOIA sent to the Fairfax Police. And, when the Police Commission itself can't even get the data...that speaks loudly.

Cody

[cclaxton]

So....24 wrong address hits is a W.A.G.?

Btw a dry paper doesn't constitute bad underlying facts and circumstances. That is not the way it works in real life on a real timeline with part of the unit trying to surveil a static location while one guy knocks out a paper and tries to chase down a judge.

And no reputable drug unit kicks a door based on an anonymous tip. They may tell the public that but I guarantee they probably bought dope from there with either a snitch or an undercover. Or pulled over a vehicle leaving the location after a brief stop there, searched a car/person and then got a statement that drugs were purchased there. This is usually not the only stop either.

Dope's pretty simple and there are only so many ways to create a nexus on a fixed location.

Cody if you're going to require the police to be transparent and you actually want to work with them, then I strongly suggest that you not publicly toss numbers out that are arbitrarily pulled out of thin air.

Craig,
I wish it were the case that Fairfax Police would work with me or the Police Commission, but when I start to pursue these questions, here is what I get: "Well did YOU read the threat assessment?" "Did YOU do the surveillance?". Then when I say that I would love to read the threat assessment and the surveillance, I get: "Well we can't show you that." So basically what we get is: Trust us...we know what we are doing and we don't have to prove it to you, even if you pay our salaries. Not adequate.

If my protestations and estimates force them to start disclosing enough information that we can ACTUALLY assess these incidents, then I have done the community a service. But I am just one person. The Police Commission is turning out to have no teeth, and just providing cover for the politicians to do nothing about it. That won't stop me from trying.

Cody

[cclaxton]

Is the 5% error rate higher than average for other areas in the country, or how does it compare to a "good" department? As someone with no knowledge on this subject, at face value this rate seems too high.

This is further compounded by the fact that there appears to be a ~9% rate of fatalities occurring in these incidents, to say nothing about rates of lesser trauma or injuries. While the goal of 100%, realistically there will be mistakes. What a reasonable rate is, I don't know, but to a civilian the Fairfax performance is nowhere near where a reasonable level of professional competence and training.

Those in LE or with more expertise can help me course correct if I'm far off base here.

This is a really good question. What are the rates for No-Knocks and Use of Force in other jurisdictions like LA, NY, Chicago, Atlanta, Boston, Dallas, New Orleans, etc? Anyone?
Thanks,
Cody

[Kukuforguns]

And no reputable drug unit kicks a door based on an anonymous tip.

Are there disreputable drug units? How are residents of communities supposed to determine whether a unit is reputable or disreputable?

Remember the baby hit with a flashbang? Turns out virtually all of the facts asserted in the application for a no-knock search warrant were false. The CI was not known to be true and reliable (was brand new), the CI did not purchase meth from the suspect (CI said his roommate made the buy), and the Sheriff's Dept. did not confirm there was heavy traffic in and out of the residence. After the raid and the ensuing media attention, the Sheriff made numerous false statements that had the effect of making it appear the investigators had conducted a thorough investigation before applying for a warrant. Is/Was this a disreputable unit? It did not engage in the procedure you described.

Cody if you're going to require the police to be transparent and you actually want to work with them, then I strongly suggest that you not publicly toss numbers out that are arbitrarily pulled out of thin air.

Works both ways. If the PD doesn't want Cody pulling conjecture from his nether orifice, it should respond to the FOIA requests. Maybe the PD is hard at work pulling together the information. I don't know, but clearly Cody is not happy with the PD's response to date.

[cclaxton]

Are there disreputable drug units? How are residents of communities supposed to determine whether a unit is reputable or disreputable?

Remember the baby hit with a flashbang? Turns out virtually all of the facts asserted in the application for a no-knock search warrant were false. The CI was not known to be true and reliable (was brand new), the CI did not purchase meth from the suspect (CI said his roommate made the buy), and the PD did not confirm there was heavy traffic in and out of the residence. After the raid and the ensuing media attention, the chief of police made numerous false statements that had the effect of making it appear the investigators had conducted a thorough investigation before applying for a warrant. Is/Was this a disreputable unit? It did not engage in the procedure you described.


Works both ways. If the PD doesn't want Cody pulling conjecture from his nether orifice, it should respond to the FOIA requests. Maybe the PD is hard at work pulling together the information. I don't know, but clearly Cody is not happy with the PD's response to date.

A lot of people are upset about the lack of transparency...including most of the major newspapers, advocacy groups, the ACLU, even, evidently even the Attorney Generals Office.
Cody