Incentivizing Selective Enforcement
– As Jessica Shaver and I chat at a coffee shop in Chicago’s north-side Andersonville neighborhood, a police car pulls into the parking lot across the street. Then another. Two cops get out, lean up against their cars, and appear to gaze across traffic into the store. At times, they seem to be looking directly at us. Shaver, who works as an eyebrow waxer at a nearby spa, appears nervous.
“See what I mean? They follow me,” says Shaver, 30. During several phone conversations Shaver told me that she thinks a small group of Chicago police officers are trying to intimidate her. These particular cops likely aren’t following her; the barista tells me Chicago cops regularly stop in that particular parking lot to chat. But if Shaver is a bit paranoid, it’s hard to blame her.
A year and a half ago she was beaten by a neighborhood thug outside of a city bar. It took months of do-it-yourself sleuthing, a meeting with a city alderman and a public shaming in a community newspaper before the Chicago Police Department would pay any attention to her. About a year later, Shaver got more attention from cops than she ever could have wanted: A team of Chicago cops took down her door with a battering ram and raided her apartment, searching for drugs.
Shaver has no evidence that the two incidents are related, and they likely aren’t in any direct way. But they provide a striking example of how the drug war perverts the priorities of America’s police departments. Federal anti-drug grants, asset forfeiture policies and a generation of battlefield rhetoric from politicians have made pursuing low-level drug dealers and drug users a top priority for police departments across the country. There’s only so much time in the day, and the focus on drugs often comes at the expense of investigating violent crimes with victims like Jessica Shaver. In the span of about a year, she experienced both problems firsthand.
On the night of May 13, 2010, Shaver was smoking a cigarette with her friend Damon outside the Flat Iron bar in Wicker Park. She said she saw a woman walking away from the bar alone when two men began shouting profanities at her. The men then began walking toward the woman. “I made eye contact with her, and she looked like she was in trouble,” Shaver said.
Shaver shouted at the men to leave the woman alone, at which point she says the the two men turned their attention to her, approached her, and began shouting at her. Damon told the men to leave Shaver alone. They jumped Damon and began to beat him. Shaver said she then tried to pry the men off her friend, and managed to free him long enough for him to get away and call 911. Shaver said she was punched repeatedly, including in the face. She fell, stood up, and was hit in the face again. The men then robbed her and left. When she woke up the next morning with bruises, she went to the hospital. Doctors found a concussion and several contusions.
Two weeks later, Shaver still hadn’t heard from the detective assigned to her case. When she finally went to the police station in person to get an update on the investigation, she was told there was no record of the incident. She filed another report, but was told it was unlikely police would be able to track down the witnesses again, and that even if they were, the witnesses’ memories were likely to have faded. Shaver says she decided to investigate on her own. She went back to the Flat Iron and questioned customers and employees herself. A bartender gave her the men’s nicknames: “Cory” and “Sonny,” the guy who hit her. Shaver learned that Sonny was also a reputed cocaine dealer. She heard he had a violent streak, and had been banned from a number of neighborhood bars.
“I was scared,” Shaver said. “I’d heard bad things about this guy, and he knew who I was.”
Shaver is thoroughly tattooed, which makes her easy to recognize. So she dyed her hair, covered her tattoos with clothing, and kept investigating. She worked her way through social networking sites like Facebook and MySpace until she was able to put actual names to her attackers’ faces and nicknames. And yet she still couldn’t get anyone at Chicago PD to help her. “I gave them the guy’s name and everything,” she said. “There were even hip hop videos online with him in them. I told them, ‘That’s the guy!’ They still wouldn’t listen to me.”
In August 2010, three months after the attack, Shaver contacted a reporter for Time Out Chicago, who began asking around about her case. Shaver also met with Chicago Alderman Joe Marino. Shortly before the Time Out article went to press, a detective finally called Shaver down to the police station to identify her attacker. But even with her identification, the police didn’t arrest “Sonny.” He wasn’t charged with the assault until the following month, when he was arrested on an unrelated domestic violence charge.
Shortly after she finally identified her attacker at the police station, Shaver said the detective in charge of her case told her, “Now I don’t want to hear any more bitching from you.”
Arresting people for assaults, beatings and robberies doesn’t bring money back to police departments, but drug cases do in a couple of ways. First, police departments across the country compete for a pool of federal anti-drug grants. The more arrests and drug seizures a department can claim, the stronger its application for those grants.
“The availability of huge federal anti-drug grants incentivizes departments to pay for SWAT team armor and weapons, and leads our police officers to abandon real crime victims in our communities in favor of ratcheting up their drug arrest stats,” said former Los Angeles Deputy Chief of Police Stephen Downing. Downing is now a member of Law Enforcement Against Prohibition, an advocacy group of cops and prosecutors who are calling for an end to the drug war.
“When our cops are focused on executing large-scale, constitutionally questionable raids at the slightest hint that a small-time pot dealer is at work, real police work preventing and investigating crimes like robberies and rapes falls by the wayside,” Downing said.
And this problem is on the rise all over the country. Last year, police in New York City arrested around 50,000 people for marijuana possession. Pot has been decriminalized in New York since 1977, but displaying the drug in public is still a crime. So police officers stop people who look “suspicious,” frisk them, ask them to empty their pockets, then arrest them if they pull out a joint or a small amount of marijuana. They’re tricked into breaking the law. According to a report from Queens College sociologist Harry Levine, there were 33,775 such arrests from 1981 to 1995. Between 1996 and 2010 there were 536,322.
Several NYPD officers have alleged that in some precincts, police officers are asked to meet quotas for drug arrests. Former NYPD narcotics detective Stephen Anderson recently testified in court that it’s common for cops in the department to plant drugs on innocent people to meet those quotas — a practice for which Anderson himself was then on trial.
At the same time, there’s increasing evidence that the NYPD is paying less attention to violent crime. In an explosive Village Voice series last year, current and former NYPD officers told the publication that supervising officers encouraged them to either downgrade or not even bother to file reports for assault, robbery and even sexual assault. The theory is that the department faces political pressure to produce statistics showing that violent crime continues to drop. Since then, other New Yorkers have told the Voice that they have been rebuffed by NYPD when trying to report a crime.
The most perverse policy may be asset forfeiture. Under civil asset forfeiture, police can seize property from people merely suspected of drug crimes. So long as police can show even the slightest link of drug activity to a car, some cash, or even a home, they can seize it. In the majority of cases, most or all of the seized cash goes back to the police department. In some cases, the department has taken possession of cars as well, but generally non-cash property is auctioned off, with the proceeds then going back to the department. An innocent person who has property seized must go to court and prove his property was earned legitimately, even if he was never charged with a crime. The process of going to court can often be more expensive than the value of the property itself.
Asset forfeiture not only encourages police agencies to use resources and manpower on drug crimes at the expense of violent crimes, it also provides an incentive for police agencies to actually wait until drugs are on the streets before making a bust. In a 1994 study reported in Justice Quarterly, criminologists J. Mitchell Miller and Lance H. Selva watched several police agencies delay busts of suspected drug dealers in order to maximize the cash the department could seize. A stash of illegal drugs isn’t of much value to a police department. Letting the dealers sell the drugs first is more lucrative.
Earlier this year, Nashville’s News 5 ran a report on how police in Tennessee are pulling over suspected drug dealers and seizing their cash along I-40, often without bothering to make an arrest. The station combed through police reports showing that officers spent 10 times as long policing the side of the interstate where a drug runner would be leaving after he sold his supply — and thus would be flush with sizable amounts of cash — than on the side where he was likely to be flush with drugs. The police were letting the drugs be sold in order to get their hands on the cash.
Back in Illinois, Gov. Pat Quinn (D) recently signed a new law that will require convicted drug dealers to reimburse the police agencies that arrested and prosecuted them. The law will provide even more incentive for departments to devote time and resources to drug crimes — and that shift comes at the expense of solving more serious crimes.
The bill does not require reimbursement from convicted rapists or murderers.
Which means battery victims like Shaver can expect even less cooperation from police as more officers are moved to investigations that pay for themselves — and then some.
Shaver’s next encounter with Chicago police came in April of this year. She and her then-boyfriend were living on the first floor of a three-story graystone in the Edgewood neighborhood. “Nate,” a friend of Shaver’s boyfriend whom Shaver describes as a “stoner hippie,” was between residences, and asked if he could sleep on their couch while he waited for his new apartment to become available. They agreed.
“He never had keys,” Shaver said. “He’d text us when he was coming home to sleep, and one of us would let him in. He had been here about a week before the raid.”
The raid came on the night of April 14, 2010, part of a series of drug raids across Chicago that night by the city’s Mobile Strike Force and Targeted Response Unit, essentially a SWAT team.
Shaver, her then-boyfriend and a roommate were in the apartment with her four dogs when the door flew open with the crash of a battering ram. “I thought we were being robbed,” Shaver recalled. “It wasn’t clear to us that they were cops at all. I had a flashback to my attack. I was just terrified. I peed myself. I had peed myself, and I was shaking, trying to gather my dogs while they were pointing these guns at me — these huge guns that could blow me apart. My Vizsla mix ran off, and I was afraid they were going to shoot it. I asked if I could get it, and they said ‘We don’t give a fuck about your dog.’”
According to the search warrant, the police were searching for Nate. Shaver said they looked through Nate’s belongings gathered on the couch and found about $900 and a sandwich bag filed with marijuana. They didn’t leave a receipt for what they took.
“They were going through his mail,” she said. “They tried to say he was my brother. They kept looking for some way to say he had always lived here. He had mail here, but it was mail he brought from his old place. It all had his old address on it.”
Shaver’s boyfriend and roommate were handcuffed. Shaver started to panic. She told the police about her prior assault, and asked if she could take some anti-anxiety medication and change her clothes. They refused.
“There were 20 to 25 cops in my apartment now. Some of them were in street clothes. Some of them were in SWAT clothes with face masks. They told me I wasn’t allowed to move. I wasn’t even certain they were police until about two hours later, when a uniformed cop showed up with the warrant,” she recalled.
Shaver says she heard laughter from her bathroom and bedroom. “They went to my bathroom and started going through all of my medication, laughing about how messed up I was,” she said. “I also have a ‘lady drawer,‘ where I keep sex toys and some sex-related gag gifts friends have given me.” Shaver said that when the cops finally left, they had left her place a shambles. When she looked in her bedroom, the police had emptied the drawer and laid all of her sex toys out on her bed.
The raid ruined the door to Shaver’s apartment and she has since been evicted. She filed a complaint with Chicago PD, but never heard back. When she attempted to get a copy of the affidavit for the search warrant to see what probable cause they had for such a violent raid, she was told that since she was not the target of the raid, she is not allowed to see the affidavit. As for “Nate,” authorities have yet to issue a warrant for his arrest. Chicago PD and the officer who left Shaver his number after the raid did not return The Huffington Post’s requests for comment.
FIGHTING CONSENSUAL CRIMES IN A VIOLENT CITY
“This case is a perfect example of how the war on drugs distracts police from doing the job we hired them for,” Downing said.
Chicago is one of the most violent cities in the country, and is home to America’s most violent neighborhood. The city is usually left out of annual “Most Dangerous Cities” lists because of disputes between the state of Illinois and the FBI on how crimes are reported, but Chicago has roughly triple the murder rate of New York City, and double that of Los Angeles. Crime has gone down in Chicago over the last 20 years as it has in the rest of the country, but at a slower rate than in cities of similar size.
Perhaps more tellingly, the city’s clearance rate — the percentage of homicides solved by police — was 70 percent in 1991. It dropped to under 40 percent in 2008 and 2009. According to a report (PDF) from the criminal justice reform advocacy group The Sentencing Project, drug offenses made up 4.8 percent of Chicago PD arrests in 1980. In 2003, they made up 28.2 percent. The overall number of drug arrests increased 264 percent over that period. An analysis by the Marijuana Policy Almanac found that from 2002 to 2007 alone, overall pot arrests in Cook County jumped from 25,776 to 32,996.
The drug war’s financial incentives appear to be having an effect. A drug offender is much more likely to be arrested in Chicago than he was 10 or 20 or 30 years ago. But kill someone in Chicago, and you’re only about half as likely to be caught as you were in the early 1990s.
Last July, more than a year after her attack, Shaver’s assailant “Sonny” was finally convicted. He was sentenced to six months of probation. Reflecting back on the last tumultuous two years, Shaver says, “It just doesn’t make sense. Repeat violent offenders get to walk while casual pot smokers get terrorized by SWAT teams. I’m pretty disappointed in the justice system.”