PDA

View Full Version : Police Files Say Arrest Tactics Calmed Protest




zimv20
Mar 17, 2006, 12:49 AM
link (http://www.nytimes.com/2006/03/17/nyregion/17police.html?ei=5094&en=c95cc57c363de57c&hp=&ex=1142571600&partner=homepage&pagewanted=print)


In five internal reports made public yesterday as part of a lawsuit, New York City police commanders candidly discuss how they had successfully used "proactive arrests," covert surveillance and psychological tactics at political demonstrations in 2002, and recommend that those approaches be employed at future gatherings.

Among the most effective strategies, one police captain wrote, was the seizure of demonstrators on Fifth Avenue who were described as "obviously potential rioters."

The reports provide a rare glimpse of internal police evaluations and strategies on security and free speech issues that have provoked sharp debate between city officials and political demonstrators since the Sept. 11 attacks.

The reports also made clear what the police have yet to discuss publicly: that the department uses undercover officers to infiltrate political gatherings and monitor behavior.

Indeed, one of the documents — a draft report from the department's Disorder Control Unit — proposed in blunt terms the resumption of a covert tactic that had been disavowed by the city and the federal government 30 years earlier. Under the heading of recommendations, the draft suggested, "Utilize undercover officers to distribute misinformation within the crowds." Asked about the proposal, Paul J. Browne, the chief spokesman for the Police Department, said yesterday: "The N.Y.P.D. does not use police officers in any capacity to distribute misinformation."

Mr. Browne also said that the "proactive" arrests referred to in the report — numbering about 30 — involved protesters with pipes and masks who he said presented an obvious threat.

In another report, a police inspector praised the "staging of massive amounts" of armored vehicles, prisoner wagons and jail buses in the view of the demonstrators, writing that the sight "would cause them to be alarmed."

Besides the draft report, the documents released yesterday included four final reports written by commanders to assess police performance during the World Economic Forum, which met in New York from Jan. 31 to Feb. 4, 2002.

The economic forum, a private organization that normally meets in Davos, Switzerland, and draws a grab bag of leaders from government, business, and academia — as well as protesters from a miscellany of causes and movements — was moved to the city as a gesture of solidarity after the attacks. Security was extremely tight around Midtown Manhattan, where the delegates were meeting at the Waldorf-Astoria, and demonstrators were kept blocks from the hotel. Officials spoke of violence during antiglobalism protests at other high profile gatherings in Seattle and Genoa, Italy.

In the end, though, as one of the police reports noted, "the amount of confrontation and number of arrests were lower than expected."

Parts of that document and others were made public, over the objections of the city, by a federal magistrate, Gabriel W. Gorenstein, who said the excerpts went to the heart of a lawsuit brought by 16 people who were arrested at an animal rights demonstration during the economic forum. The police said they were blocking the sidewalk and had refused to obey an order to disperse; the demonstrators said no one told them to move.

Many of the issues in the animal rights case, which challenge broad police tactics and arrest strategies, resonate in well over a hundred other lawsuits brought against the city by demonstrators who were arrested at war protests, bicycle rallies and during the Republican National Convention.

Daniel M. Perez, the lawyer representing the people arrested at the animal rights demonstration, argued that the police tactics "punish, control and curtail the lawful exercise of First Amendment activities." The Police Department and the city have said that preserving public order is essential to protecting the civil rights of demonstrators and bystanders.

Mr. Perez maintains that the police documents, taken together, show a policy of pre-emptive arrests. The draft report discussed how early arrests could shape future events. "The arrests made at West 59th Street and Fifth Avenue set a 'tone' with the demonstrators and their possible plans at other demonstrations," the report stated.

The disorder control unit's commander, Thomas Graham, is listed as the author of the report, but the document is not signed and the word "draft" is handwritten across the top.

The same tactic is cited in another report, dated Feb. 8, 2002, and signed by Capt. Robert L. Bonifaci, commander of the Queens North Task Force. Captain Bonifaci wrote, "It should be noted that a large part of the success in policing the major demonstration on Saturday, Feb. 2, 2002, was due in part to the proactive arrest policy that was instituted at the start of the march at 59th Street and Fifth Avenue, and directed toward demonstrators who were obviously potential rioters."

Elaborating on the report, Mr. Browne, the police spokesman, said that plainclothes officers saw a group of demonstrators put on masks as they drew near the Plaza Hotel, then take out metal pipes and try to rush police lines.

"In addition to mainly peaceful protesters, the W.E.F. attracted hard-core, violent elements that were surveilled by the N.Y.P.D.," Mr. Browne said, citing the incident at the Plaza. "Yes, we used surveillance techniques to track and hopefully disrupt violent elements. That's proactive."

About 30 people were arrested there, and virtually all their cases are now sealed, indicating that the charges were either dismissed by prosecutors or dropped after six months without further incident.

(more)

from pre-emptive wars to pre-emptive arrests. anyone else see a violation of civil liberties here?



solvs
Mar 17, 2006, 12:59 AM
Remember when 1984 and V Is For Vendetta were fiction? Remember that? Up next, Fahrenheit 451!

Rod Rod
Mar 17, 2006, 01:02 AM
from pre-emptive wars to pre-emptive arrests. anyone else see a violation of civil liberties here?
It may be "unpatriotic" to see a violation of civil liberties. We are in a post-9/11 world now, which means the government can do anything in the name of security. [/sarcasm]

This is another one to put in the "pre-crime" or Minority Report file.

2jaded2care
Mar 17, 2006, 12:58 PM
New York and other states have masking laws. People who are not participating in a masquerade or similar event can be arrested for wearing masks at public events. These laws were probably passed in response to rallies by hate groups.

While I support the right of everyone to protest peacefully at approved venues, I see nothing wrong with arresting masked protesters for violating these laws, or for staging paddy wagons in anticipation of violence. As long as police make no "false arrests", I would prefer that situtation to, say, what has happened in France. (There is also the possibility of legal action against the police if they fail to prevent a riot -- not to say that such legal action would necessarily succeed.)

My 2 cents.

zimv20
Mar 17, 2006, 01:19 PM
New York and other states have masking laws.
nowhere in the article does it say that those arrested were charged under such a law. further, the article reveals that police tactics were to arrest those who they thought might cause trouble, not those who actually committed a crime.

further still:
About 30 people were arrested there, and virtually all their cases are now sealed, indicating that the charges were either dismissed by prosecutors or dropped after six months without further incident.
...indicating that those arrested did not, in fact, break any laws.

do you have additional information that they were arrested under this masking law? my information comes solely from the article.

Dont Hurt Me
Mar 17, 2006, 01:27 PM
Here comes the control freaks that work for the police state, Its not about catching those that break law, its about intimidation and abusive power. Its been documented that cops have gone undercover trying to get those demonstrating to commit illegal activity??? This isnt the America my grandparents fought WW2 and won to have. The fact that this is sealed reveals how corrupt govt is even at local and state levels. Hiding the fact that its doing illegal activity. How the heck can the state predict future events? this is illegal as hell and they better hope i'm never on the jury.

2jaded2care
Mar 22, 2006, 03:42 PM
According to the article quoted, I cannot know the charges against the protesters, since the cases were apparently sealed.

However, I did think it likely that masking laws were used, since I was aware of their existence, as well as the fact that protest groups had warned their own people of the existence of these laws, even referring to the WEF event: http://www.rncnotwelcome.org/media/onmasks.html

In addition, I have since found this article from the BBC ( http://news.bbc.co.uk/1/hi/business/1793540.stm ) in which police had indicated their intention to enforce this law.

While I certainly agree that police should not be inciting violent reactions from protesters, I am not sure that masked, pipe-wielding protesters charging police lines (if indeed that is what happened -- apparently there are conflicting accounts) constitutes "peaceably assembled".

Government has all sorts of "pre-emptive" ways to arrest people before criminal or negligent destruction takes place. Drunk driving laws criminalize behavior which may or may not lead to a car accident. Likewise speeding laws, and restrictions on concealed carry of weapons. What about "possession of burglary tools"? One can be arrested merely for possessing a lockpick, regardless of whether it has ever been used unlawfully. Possession is considered evidence of intent.

In future, however, I will endeavor to stick strictly to the facts as presented, or present any additional facts... (edited for smugness) although I question the "factualness" ("factuality"?) of the comment that the charges were dismissed because those arrested did not break any laws (and not possibly because of unavailability of officers to testify, or that prosecutors did not feel the cases worth pursuing given the likely sentences).