Pubdate: Wed, 16 Jul 2008 Source: Sarasota Herald-Tribune (FL) Copyright: 2008 Sarasota Herald-Tribune Contact: http://www.heraldtribune.com/ Details: http://www.mapinc.org/media/398 DRUG BUST AT MCDONALD'S Risks of Police Action Outweighed the Benefits Want a drug bust with that burger and soda? No, thank you. Unfortunately, conducting an undercover drug buy and arresting the suspect at a McDonald's were on the Sarasota Police Department's menu of options for busting a repeat criminal offender. Worse, the bust went bad when the police rushed to make the arrest, prompting the suspect to re-enter the restaurant -- frightening customers and employees, and placing them at serious risk. Police Chief Peter Abbott told the Herald-Tribune Editorial Board, in an e-mail yesterday, that he has "conducted an after action critique with the supervisors involved and will utilize our experience in future operations." We hope the chief's critique and expressions of concern by some members of the public will lead the department to review the tactics and their execution -- and to reassess the risks and benefits of staging undercover activities and take-downs in places frequented by unassuming customers. In this case, for example, we think the risks outweighed the benefits - -- even if the operation went as planned. To summarize: Last week, an undercover officer and an informant arranged to meet Juan T. Dixon of Palmetto in the McDonald's at Fruitville and Beneva roads. Police allege that Dixon made a deal for an ounce of cocaine and 100 illegal pills. The plan, according to Chief Abbott, called for backup, uniformed officers to bust Dixon "within seconds" of his exit from the restaurant "just prior to entering his vehicle outside the location (to avoid a possible vehicle pursuit)." But all did not go according to plan. Dixon returned to the counter to fetch a milk shake, police said, as police cars rushed the parking lot. He ran for the bathroom and, according to reports by Anthony Cormier of the Herald-Tribune, shoved a boy out of the way before being apprehended by police who stormed the McDonald's. Patrons were, of course, frightened; it was 4 p.m., in broad daylight, at a family-oriented restaurant. It doesn't take a creative mind or an anti-police mind-set to envision what could have happened: The cops were heavily armed, and Dixon's record includes charges for drug crimes, resisting arrest, batteries and armed robbery (the latter charge was eventually dropped). Abbott said in his e-mail yesterday that criminals routinely operate in venues frequented by unsuspecting members of the public, and that undercover deals arranged in out-of-the-way places raise the suspicions of suspects and put police at risk. Valid points. He further contended that, contrary to at least one witness' statement, the masked undercover officers were clearly identified by their clothing as police and were joined by uniformed officers. Another point noted. But two things seem clear: 1. The backup officers moved in too soon, regardless of whether Dixon returned for his drink. Precisely timing such operations is difficult but, when the stakes are high, the individuals employed to serve and protect the public have little room for error. 2. The benefits of such undercover operations must be balanced against the risks. Yes, illegal drugs and trafficking cause serious harm to individuals and communities. Yes, police perform dangerous -- often thankless -- jobs and must make split-second decisions. But if sellers are a threat to public safety, doing business with them and busting them in public venues is dangerous, too. The heavy police presence suggests that department officials feared Dixon's reaction. The risk of a bust going awry is substantial, as is the potential for customers to mistake hooded police for intruders and take the law into their own hands. Pursuing a suspect who poses imminent danger is one thing; deliberately attracting a suspect, whose arrest requires hooded detectives and uniformed officers, to a public venue is another. Even if Dixon had been cornered in the parking lot, as planned, witnesses inside and outside the restaurant could have been traumatized unnecessarily. "In planning operations of this kind, public safety is a serious consideration," Abbott said yesterday. Serious reconsideration, too. - --- MAP posted-by: Richard Lake