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September 02, 2008

I owe Victor an apology

Last night, over dinner, Victor was asking me about a police [SWAT] raid in St. Paul, Minnesota, which apparently targeted a protestor or would-be protestor who hadn't actually done any protesting yet. I foolishly said something like "Oh, I'm sure the police couldn't get a warrant for that kind of assault unless they had very solid evidence of a major crime."

Victor, I'm sorry. I don't know why I'd have made such an assumption, especially given the number of times I've linked to Radley Balko articles on over-aggressive police activities.

Based on this post by Glenn Greenwald, the raid in question — and several others as well — were nothing more than deliberate intimidation attempts by the police in advance of the Republican convention:

Jane Hamsher and I were at two of those homes this morning — one which had just been raided and one which was in the process of being raided. Each of the raided houses is known by neighbors as a "hippie house," where 5-10 college-aged individuals live in a communal setting, and everyone we spoke with said that there had never been any problems of any kind in those houses, that they were filled with "peaceful kids" who are politically active but entirely unthreatening and friendly. Posted below is the video of the scene, including various interviews, which convey a very clear sense of what is actually going on here.

In the house that had just been raided, those inside described how a team of roughly 25 officers had barged into their homes with masks and black swat gear, holding large semi-automatic rifles, and ordered them to lie on the floor, where they were handcuffed and ordered not to move. The officers refused to state why they were there and, until the very end, refused to show whether they had a search warrant. They were forced to remain on the floor for 45 minutes while the officers took away the laptops, computers, individual journals, and political materials kept in the house. One of the individuals renting the house, an 18-year-old woman, was extremely shaken as she and others described how the officers were deliberately making intimidating statements such as "Do you have Terminator ready?" as they lay on the floor in handcuffs. The 10 or so individuals in the house all said that though they found the experience very jarring, they still intended to protest against the GOP Convention, and several said that being subjected to raids of that sort made them more emboldened than ever to do so.

At least one result of this should be the striking down of an unconstitutional-sounding crime called "conspiracy to commit riot", which is what several of the arrested people have been charged with:

Nestor, who has practiced law in Minnesota for many years, said that he had never before heard of that statute being used for anything, and that its parameters are so self-evidently vague, designed to allow pre-emeptive arrests of those who are peacefully protesting, that it is almost certainly unconstitutional, though because it had never been invoked (until now), its constitutionality had not been tested.

Posted by Nicholas at September 2, 2008 09:32 AM
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