In an excellent and timely piece on the militarization of our nation’s police – “Why did you shoot me? I was reading a book”: The new warrior cop is out of control – Salon.com’s and HuffingtonPost.com’s Radley Balko (@radleybalko) highlight’s another alarming trend in the use of the police:
But the mission creep hasn’t stopped at poker games. By the end of the 2000s, police departments were sending SWAT teams to enforce regulatory law. In August 2010, for example, a team of heavily armed Orange County, Florida, sheriff’s deputies raided several black-owned and Hispanic-owned barbershops in the Orlando area. More raids followed in September and October. The Orlando Sentinel reported that police held barbers and customers at gunpoint and put some in handcuffs, while they turned the shops inside out. The police raided a total of nine shops and arrested thirty-seven people.
By all appearances, these raids were drug sweeps. Shop owners told the Sentinel that police asked them where they were hiding illegal drugs and weapons. But in the end, thirty-four of the thirty-seven arrests were for “barbering without a license,” a misdemeanor for which only three people have ever served jail time in Florida.
The most disturbing aspect of the Orlando raids was that police didn’t even attempt to obtain a legal search warrant. They didn’t need to, because they conducted the raids in conjunction with the Florida Department of Business and Professional Regulation. Despite the guns and handcuffs, under Florida law these were licensure inspections, not criminal searches, so no warrants were necessary.
Federal appeals courts have upheld these “administrative searches” even when it seems obvious that the real intent was to look for criminal activity as long as the government can plausibly claim that the primary purpose of the search was regulatory. In the case of the Orlando raids, simply noting the arrests of thirty-four unlicensed barbers would be enough to meet the test.
This is something that California licensees need to be mindful of, as well as California criminal defense attorneys when advising clients.