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Massachusetts SWAT teams claim they’re private corporations, immune from open records laws
Washington Post ^ | June 26 at 10:27 AM | RADLEY BALKO

Posted on 06/26/2014 11:51:06 AM PDT by maine yankee

As it turns out, a number of SWAT teams in the Bay State are operated by what are called law enforcement councils, or LECs. These LECs are funded by several police agencies in a given geographic area and overseen by an executive board, which is usually made up of police chiefs from member police departments -------------- Some of these LECs have also apparently incorporated as 501(c)(3) organizations. And it’s here that we run into problems. According to the ACLU, the LECs are claiming that the 501(c)(3) status means that they’re private corporations, not government agencies.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events
KEYWORDS: abuseofpower; corruption; donutwatch; foia; lec; leosoutofcontrol; militarizedpolice; police; policestate; swat
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Do I still live in the USA ?
1 posted on 06/26/2014 11:51:06 AM PDT by maine yankee
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To: maine yankee

No.


2 posted on 06/26/2014 11:53:00 AM PDT by SpeakerToAnimals (I hope to earn a name in battle)
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To: maine yankee

wouldn’t that eliminate the protection from lawsuits since they are not government agents, but private employees?


3 posted on 06/26/2014 11:53:20 AM PDT by will of the people
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To: maine yankee

SO... next time they raid the wrong house, sue them into oblivion.


4 posted on 06/26/2014 11:53:35 AM PDT by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: maine yankee

“A *corporation* neutralized your attack pug, sir —we can’t help you.”


5 posted on 06/26/2014 11:53:36 AM PDT by gaijin
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To: maine yankee

Doesn’t seem like it.


6 posted on 06/26/2014 11:53:40 AM PDT by SIDENET
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To: will of the people

As well, can they be funded by taxpayer dollars as private entities?

Sic the IRS on them as inherently conservative organizations. They know how to handle 501c3 terrorists!


7 posted on 06/26/2014 11:56:12 AM PDT by 17th Miss Regt
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To: maine yankee

Private corporations using public funds? That’s not how it works.


8 posted on 06/26/2014 11:56:43 AM PDT by boycott
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To: maine yankee

If this is true, why can’t I start my own SWAT team?


9 posted on 06/26/2014 11:56:52 AM PDT by HMS Surprise (Chris Christie can STILL go straight to hell.)
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To: HMS Surprise

Yeah...that was MY thought...


10 posted on 06/26/2014 11:57:42 AM PDT by goodnesswins (R.I.P. Doherty, Smith, Stevens, Woods)
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To: maine yankee

Sounds like they’ve opened the door to a claim that they don’t share the state’s `sovereign immunity’.


11 posted on 06/26/2014 11:58:02 AM PDT by tumblindice (America's founding fathers: all armed conservatives)
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To: maine yankee

They can’t be agents of the state and not agents of the state at the same time.


12 posted on 06/26/2014 11:58:37 AM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: maine yankee
Does their funding come from taxpayers?

If it does, we have a big problem if this is allowed to stand.

13 posted on 06/26/2014 12:02:37 PM PDT by E. Pluribus Unum ("The more numerous the laws, the more corrupt the government." --Tacitus)
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To: maine yankee

What a bunch of absolute fascist crap!


14 posted on 06/26/2014 12:03:48 PM PDT by Pearls Before Swine
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To: maine yankee
They disclaim being agents of the government? Then they are private citizens with no authority to act on behalf of the government. Paid mercenaries. Rent-a-cops roving the streets with high powered weapons and no accountability. No special protection from state laws directed to exempt government law enforcement officers from weapons laws that are more restrictively applied to "ordinary" citizens. Seems like lots of opportunity for the legal community.
15 posted on 06/26/2014 12:04:00 PM PDT by Myrddin
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To: null and void

Head —> Desk


16 posted on 06/26/2014 12:04:36 PM PDT by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: UCANSEE2

“SO... next time they raid the wrong house, sue them into oblivion.”

After you win, you could seize a lot of great toys too to pay the judgment.


17 posted on 06/26/2014 12:04:54 PM PDT by ModelBreaker
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To: will of the people

If they are claiming private corporate status to shield themselves from open records don’t they also give up considerable power?

What other private corporation can conduct no knock raids on private citizens?

What other private corporation can equip their employees with unlicensed (IAW Federal gun control laws) fully automatic weapons?

What other private corporation can freely violate state gun control laws (assault weapons, large capacity magazines, etc) with impunity?

What other corporation get pro bono use of state and county legal facilities and personnel?

And the list goes on and on.

I would love to see some legal group take these SWAT corporations to court with the idea of CONFIRMING their status as a private corporation. Then, immediately sue the counties they are operating in for failing to equally enforce various Federal and state gun laws.


18 posted on 06/26/2014 12:05:13 PM PDT by Nip (BOHEICA and TANSTAAFL - both seem very appropriate today.)
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To: maine yankee

But apparently they are private corporations that can bust down your door, shoot your dog, handcuff you and force you to watch him bleed out. Since when is that a thing?


19 posted on 06/26/2014 12:05:17 PM PDT by thorvaldr
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To: maine yankee

I’m having flashbacks to WKRP in Cincinnati when Johnny Fever destroyed a phone, heard sirens and went running out of the room screaming about the phone cops coming to get him.


20 posted on 06/26/2014 12:09:43 PM PDT by Texican72
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To: maine yankee
 photo 10173796_689740014416818_5966907195351114322_n_zps205a1412.jpg

21 posted on 06/26/2014 12:10:18 PM PDT by Dick Bachert (Ignorance is NOT BLISS. It is the ROAD TO SERFDOM! We're on a ROAD TRIP!!)
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'The ACLU is now suing NEMLEC. It’s worth noting that in addition to receiving taxpayer funding from its 51 member police agencies, NEMLEC has also received significant federal funding over the years, particularly from the Byrne Grant program. In fact, just last April, NEMLEC made a series of drug busts across the state in an investigation funded at least in part with Byrne Grants. (NEMLEC seems to be involved in a lot of drug raids.) In 2010, NEMLEC received an $800,000 Byrne Grant earmarked by then-Sen. John F. Kerry.'
22 posted on 06/26/2014 12:12:09 PM PDT by Theoria (End Socialism : No more GOP and Dem candidates)
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To: thorvaldr

Dog the bounty hunter on steroids. This is humor right?


23 posted on 06/26/2014 12:12:29 PM PDT by shadeaud (Be strong when you are weak.)
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To: maine yankee

If they are private companies, then neither they, nor their “employees,” have governmental immunity for their actions.


24 posted on 06/26/2014 12:17:57 PM PDT by TheThirdRuffian (RINOS like Romney, McCain, Christie are sure losers. No more!)
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To: maine yankee

I am a law abiding redneck. I don’t even speed.
No way i care to spend Any of my dimes in Mass.


25 posted on 06/26/2014 12:20:05 PM PDT by Joe Boucher ((FUBO) obammy lied and lied and lied)
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To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...

The list, Ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/


26 posted on 06/26/2014 12:22:15 PM PDT by Nachum (Obamacare: It's. The. Flaw.)
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To: maine yankee

Ah, well if they are private companies and these are private individuals, then citizans can point their guns at them with fear of Federal law.


27 posted on 06/26/2014 12:23:20 PM PDT by Nachum (Obamacare: It's. The. Flaw.)
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To: maine yankee

We are OCP you can't sue us!
28 posted on 06/26/2014 12:23:32 PM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: maine yankee

Interesting.

What type of license is required to set up a private policing firm? Can I set one up myself?

Once again, when you start to use mercs, don’t be surprised when others do also.


29 posted on 06/26/2014 12:25:20 PM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: will of the people

yeah, bye bye sovereign immunity.


30 posted on 06/26/2014 12:30:04 PM PDT by NonValueAdded ("The Arab Spring is over. Welcome to the Jihadi Spring." Jonah Goldberg)
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To: maine yankee

Fine. If they’re not govt. entities, they don’t have soverign immunity protection. In many states, there is pre-suit discovery (usually depositions; but can include documents). File a suit or file for a pre-suit depo and see what happens.


31 posted on 06/26/2014 12:30:30 PM PDT by 1L
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To: maine yankee; bamahead

I am not sure this works. I am troubled by the fact that a SWAT team, (corporation), can kill a Citizen but remain hidden from scrutiny?


32 posted on 06/26/2014 12:33:11 PM PDT by GregNH (If you can't fight, please find a good place to hide!)
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To: maine yankee
...the LECs are claiming that the 501(c)(3) status means that they’re private corporations, not government agencies.

Then they should lose sovereign immunity in court. The Massachusetts statutory limitation of $100,000 should not apply. Sue them as a whole an individually for the same that happens to doctor and businesses.

33 posted on 06/26/2014 12:33:33 PM PDT by LoneRangerMassachusetts (The meek shall not inherit the Earth)
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To: maine yankee

Rather than improve competency in areas of:
Obtaining Valid Warrants,
Map Reading,
Perp Status in the Legal system,
Legal Use of Force constraints,
etc...

They’ve decided its better to shield their incompetence behind some bogus corporate structure.


34 posted on 06/26/2014 12:34:29 PM PDT by G Larry (Which of Obama's policies do you think I'd support if he were white?)
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To: maine yankee

Lots of case law detailing how police have to function within our free society... thank God for the Supreme Court and our formerly sensible country.

These SWAT Teams - from those in the story - to the thug armies of Homeland Security, EPA, IRS, BLM, etc are functioning outside - and above - the law. It’s wrong...

It’s surprising a suckup paper like the Washington Post is covering this ....

Maybe the Washington Post didn’t get the memo that Police States are cool as long as the thugs and goons running them are Democrats.


35 posted on 06/26/2014 12:35:29 PM PDT by GOPJ (Hey IRS - those receipts you wanted? The dog ate 'em. -New Name:"Washington Thinskins" -FR. coloeo)
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To: bamahead

Ping


36 posted on 06/26/2014 12:36:12 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: boycott

Ah, but that IS how FASCISM works.

And that’s exactly where we are today.


37 posted on 06/26/2014 12:36:58 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: maine yankee

Bullshit. You are either a government sanctioned, and under those same requirements, entity. Or you are not empowered with law enforcement authority.

But this is a clear example that cops have things got hide.


38 posted on 06/26/2014 12:43:45 PM PDT by LevinFan
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To: will of the people
wouldn’t that eliminate the protection from lawsuits since they are not government agents, but private employees?

Exactly. No Sovereign Immunity for NGOs and non-profit corps.

39 posted on 06/26/2014 12:59:16 PM PDT by Spirochete (GOP: Give Obama Power)
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To: goodnesswins

The modern letters of marque and reprisal?


40 posted on 06/26/2014 1:29:45 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: ModelBreaker

Goose sauce is gander sauce....

Now could we have a SWAT corporation SWATted?


41 posted on 06/26/2014 1:30:52 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: maine yankee

Okay, if they’re private corporations, not government agencies, then they have no authority to enforce the law, and when they conduct a raid, they are armed burglars and should be treated as such.


42 posted on 06/26/2014 1:36:44 PM PDT by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know...)
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To: maine yankee

If the money comes from taxpayers they are not private.


43 posted on 06/26/2014 2:14:04 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: will of the people

They can be sued either way.


44 posted on 06/26/2014 2:15:28 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: maine yankee

Many public officials in state and local governments have been failing at public affairs for a long time, and they don’t care.


45 posted on 06/26/2014 2:26:51 PM PDT by familyop (We Baby Boomers are croaking in an avalanche of corruption smelled around the planet.)
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To: boycott
"Private corporations using public funds? That’s not how it works."

Many private corporations are using either public funds or using local governments to regulate and prevent new competition.


46 posted on 06/26/2014 2:28:33 PM PDT by familyop (We Baby Boomers are croaking in an avalanche of corruption smelled around the planet.)
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To: maine yankee
Not being gØvt agents would explain how it is that they bust into homes without warrants. Gangs can do that GØvt agents who are bound by the Constitution are not allowed that privilege.

"Do I still live in the USA ?"

Maine is going to be a great place to be after the secession vote on June 12, 2018.

47 posted on 06/26/2014 2:29:52 PM PDT by The_Republic_Of_Maine (Be kept informed on Maine's secession, sign up at freemaine@hushmail.com)
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To: maine yankee

Bookmark. This can’t be right....can it?

Why am I surprised???


48 posted on 06/26/2014 2:50:43 PM PDT by Tx Angel
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To: Kartographer

I had to kill (insert citizen’s name here) because he made a mistake. Now it’s time to erase that mistake.


49 posted on 06/26/2014 3:58:50 PM PDT by Raymann
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To: SampleMan

They can be anything King Zero allows them to be, peasant!/sarc


50 posted on 06/26/2014 4:54:33 PM PDT by Eagles6 (Valley Forge Redux. If not now, when? If not here, where?)
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