Excessive Force

"Dynamic entries" into private homes by law enforcement SWAT teams have become part and parcel of the government's War on Drugs. But now those tactics appear to have been extended to the war on ... financial aid fraud.

At 6 a.m. Tuesday in Stockton, Calif., about a dozen heavily armed federal agents from the U.S. Department of Education — yes, you read that right — broke down the door of Kenneth Wright's home. They dragged him from the house while he was clad only in his boxer shorts, threw him down on the front lawn and handcuffed him, all while his three children — ages 3, 9 and 11 — watched, crying uncontrollably.

Wright sat in the back of a patrol car for six hours while the agents searched his house. They didn't find what they were looking for — Wright's estranged wife. Wright eventually was released and not charged.

Initial reports indicated the government was pursuing an unpaid student loan. But the Department of Education swiftly moved to quash that story.

No, no, no, officials said, this raid wasn't about something as trivial as that. It was much worse. A search warrant for the home indicated the DOE and its Office of the Inspector General were looking for evidence related to financial aid fraud, conspiracy, theft of government funds, false statements to government agency and wire fraud.

Oh, well, in that case ...

Sorry, no. Unless the feds produce a completely different and valid explanation, this raid was insane.

The alleged crimes were non-violent in nature — white-collar paper violations.

If the feds had reason to fear that in addition to the alleged fraud that Wright might be armed and dangerous and engaged in more serious criminal activity, then those offenses should have been the focus and the operation should have been conducted by local police or federal law enforcement.

Why the need to conduct a dawn raid in a home containing young children? Those tactics elevate the risks for everyone involved. There are numerous examples of "dynamic entries" resulting in confused police shooting innocent people, or startled and scared homeowners firing on the officers to protect their property. These kinds of raids should be employed sparingly, only in extreme circumstances where there is a high probability that the suspects will not submit peacefully and where there is a low likelihood of innocents being on the premises.

Using them because officials fear evidence will be destroyed is an insufficient excuse. That could be said for almost any criminal investigation.

An even bigger question is: Why is the Department of Education, through its OIG, conducting these operations?

The Homeland Security Act of 2002 granted law enforcement powers to the DOE and several other federal departments with OIGs, including the authority to use deadly force. Thus, agents of the Small Business Administration, the Tennessee Valley Authority and the Railroad Retirement Board (among others) can legally break down your front door and point automatic weapons at you so as to serve a search warrant.

Did we mention that this is insane?

The pursuit of bribery, fraud and embezzlement of federal student aid funds does not warrant paramilitary action. The Stockton raid represents a dangerous and unfounded expansion of federal police power and a threat to individual liberty. Congress should investigate this immediately.

REPRINTED FROM THE PANAMA CITY NEWS HERALD

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