Berwyn Heights, Maryland mayor's residence drug raid
Encyclopedia
The Berwyn Heights mayor's residence drug raid was a controversial action taken by the Prince George's County, Maryland
, Sheriff's Office
and Police Department
at the home of Berwyn Heights
mayor Cheye Calvo
on July 29, 2008. The raid was the culmination of an investigation that began in Arizona
, where a package containing 32 pounds of marijuana
was intercepted in a Fed Ex warehouse, addressed to the mayor's residence. In spite of intercepting the package in transit, the police allowed the package to be delivered, and once the package arrived at the house, a SWAT team raided and took the mayor and his mother-in-law into custody, killing his two dogs in the process.
The event gained national and international media attention. While the Calvos were cleared of wrongdoing, the police were accused by the Calvos and civil rights
groups of lacking a proper search warrant
, excessive force
, and failure to conduct a proper background investigation of the home being raided. Despite the criticisms, no action has been taken against the officers or their respective police departments. In August 2010, Sheriff Jackson stated, “we'd do it again. Tonight.”
team from the Sheriff's Office, agents of the State of Maryland, executing a search warrant
and assisting the separate County Police, conducted a raid on the home of Berwyn Heights
Mayor Cheye Calvo
. The raid was initiated after the Mayor brought a package delivered by the SWAT team into his home. A drug-sniffing dog in Arizona had determined that the package—addressed to the Mayor's wife—contained 32 pounds of marijuana
. While taking control of the residence, Sheriff's deputies shot Calvo's two pet Labrador retriever
s, including one who was cited by Calvo to be running away from officers. Calvo and his mother-in-law were handcuffed and questioned for several hours, with Calvo wearing just underwear.
On August 7, 2008, Mayor Calvo called for a federal investigation of the incident by the United States Department of Justice
. The local chapter of the National Association for the Advancement of Colored People
(NAACP) also requested an investigation. In early August, the Federal Bureau of Investigation
(FBI) began a civil rights
investigation into the incident.
On August 8, 2008, the County Police cleared the Calvos of any wrongdoing relating to the drug shipment. Chief of Police Melvin High called the Calvos "innocent victims" who were caught up in the drug trafficking ring. While High said he regretted the loss of the Calvo's dogs, he did not apologize for the actions taken by his officers.
In a press conference on the same day as High's exoneration, Sheriff Michael A. Jackson
defended the conduct of the deputies who conducted the raid. However, an internal investigation was launched as with any incident involving the discharge of a deputy's weapon. The results of the investigation, released on September 4, 2008, concluded the conduct of the deputies was appropriate and no wrongdoing was committed. According to the report, the first dog was shot after "engaging an officer" and the second was seen "running towards a second officer" and shot as well.
As of December 2008, the county police has indicated their investigation is not complete. The FBI is still monitoring the situation. In August 2010 while campaigning to be elected county executive, Sheriff Jackson stated, “We′ve apologized for the incident, but we will never apologize for taking drugs off our streets....Quite frankly, we′d do it again. Tonight.”
, that limits their use to suspects fleeing into a house, or if a suspect is considered armed or is attempting to destroy evidence.
Patrick Murphy, chief of police for the Berwyn Heights Police Department, was especially critical of the county police. Murphy argued that the raid could have been prevented if his department had handled the situation, stating "you can't tell me the chief of police of a municipality wouldn't have been able to knock on the door of the mayor of that municipality, gain his confidence and enter the residence". Furthermore, according to Mayor Calvo, a memorandum of understanding
between the county and the city requires county police to inform the city if an operation is being conducted within their jurisdiction.
criticized the actions of police officers as "a Keystone Cops operation from start to finish", alluding to the lack of proper execution by the sheriff's department's SWAT team. Additionally, groups such as the Cato Institute
were critical of the operation and used it as an example of the dangers of the War on Drugs
and the militarization of local police departments in the United States. Marc Fisher of the Post also related this incident to the growing prevalence of SWAT units, even in small jurisdictions, noting a massive increase in the amount of SWAT deployments since the mid-1980s.
Further criticism was leveled against the sheriff's department's deputies for the shooting of Calvo's two dogs. Contrary to the official internal investigations conducted by the sheriff's department and the county, Calvo stated his dogs were not a threat to the deputies. To support his claims, Calvo paid for a necropsy to be conducted on each dog by the Maryland Department of Agriculture. According to the results, one dog was shot four times, including twice in the head and chest. The other dog was shot twice, including once in the back of the leg which bolsters Calvo's argument that the dog was fleeing and that the force used was "unbelievably excessive". This version of events was also confirmed by the later testimony of a law enforcement officer present at the raid
417 pounds of marijuana.
said during a press conference that the findings of the report "are consistent with what I've felt all along: My deputies did their job to the fullest extent of their abilities....In the sense that we kept these drugs from reaching our streets, this operation was a success." Jackson's explanation did not address the fact that the package was intercepted in the FedEx warehouse and delivered under police supervision.
During the press conference, Sheriff Jackson gave the first apology for the raid by a county official. "I am sorry for the impact this has had on Mayor Calvo, Ms. Tomsic and Ms. Porter and for the loss of their family pets," Jackson said. "It is extremely unfortunate that a felonious drug trafficker involved this family in his criminal enterprise."
In response to the report, Cheye Calvo issued the following statement: "By commending his deputies for their actions, the Sheriff is placing other innocent families and innocent family pets at risk. There is no excuse for the no-knock entry into our home, the killing of Payton and Chase, and the prolonged handcuffing of my mother-in-law and myself."
Prince George's County, Maryland
Prince George's County is a county located in the U.S. state of Maryland, immediately north, east, and south of Washington, DC. As of 2010, it has a population of 863,420 and is the wealthiest African-American majority county in the nation....
, Sheriff's Office
Prince George's County Sheriff's Office
The Prince George's County Sheriff's Office provides law enforcement services in Prince George's County, Maryland in the United States. Its headquarters is located in Upper Marlboro. The Sheriff is the chief law enforcement officer of Prince George's County and is elected by popular vote of the...
and Police Department
Prince George's County Police Department
The Prince George's County Police Department is the primary law enforcement agency in Prince George's County, Maryland in the United States, servicing a population of over 850,000 residents and visitors within 498 square miles of jurisdiction.-History:The Prince George's County Police Department...
at the home of Berwyn Heights
Berwyn Heights, Maryland
Berwyn Heights is a town in Prince George's County, Maryland, United States. The population was 2,942 at the 2000 census. It is bordered by College Park to the west, Greenbelt to the northeast, East Riverdale to the southwest, and Riverdale Park to the south....
mayor Cheye Calvo
Cheye Calvo
Cheye M. Calvo is an American politician and the mayor of Berwyn Heights, Maryland, elected in 2004. Calvo and his wife moved to Berwyn Heights after the elementary school reopened in 2002 In July 2008, his house was raided in a controversial incident with the Prince George's County Police and...
on July 29, 2008. The raid was the culmination of an investigation that began in Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
, where a package containing 32 pounds of marijuana
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
was intercepted in a Fed Ex warehouse, addressed to the mayor's residence. In spite of intercepting the package in transit, the police allowed the package to be delivered, and once the package arrived at the house, a SWAT team raided and took the mayor and his mother-in-law into custody, killing his two dogs in the process.
The event gained national and international media attention. While the Calvos were cleared of wrongdoing, the police were accused by the Calvos and civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
groups of lacking a proper search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
, excessive force
Excessive Force
Excessive Force is a musical side project started in 1991 by Sascha Konietzko of KMFDM and Buzz McCoy of My Life With the Thrill Kill Kult.-History:...
, and failure to conduct a proper background investigation of the home being raided. Despite the criticisms, no action has been taken against the officers or their respective police departments. In August 2010, Sheriff Jackson stated, “we'd do it again. Tonight.”
Raid
On July 29, 2008, a SWATSWAT
A SWAT team is an elite tactical unit in various national law enforcement departments. They are trained to perform high-risk operations that fall outside of the abilities of regular officers...
team from the Sheriff's Office, agents of the State of Maryland, executing a search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
and assisting the separate County Police, conducted a raid on the home of Berwyn Heights
Berwyn Heights, Maryland
Berwyn Heights is a town in Prince George's County, Maryland, United States. The population was 2,942 at the 2000 census. It is bordered by College Park to the west, Greenbelt to the northeast, East Riverdale to the southwest, and Riverdale Park to the south....
Mayor Cheye Calvo
Cheye Calvo
Cheye M. Calvo is an American politician and the mayor of Berwyn Heights, Maryland, elected in 2004. Calvo and his wife moved to Berwyn Heights after the elementary school reopened in 2002 In July 2008, his house was raided in a controversial incident with the Prince George's County Police and...
. The raid was initiated after the Mayor brought a package delivered by the SWAT team into his home. A drug-sniffing dog in Arizona had determined that the package—addressed to the Mayor's wife—contained 32 pounds of marijuana
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
. While taking control of the residence, Sheriff's deputies shot Calvo's two pet Labrador retriever
Labrador Retriever
The Labrador Retriever is one of several kinds of retriever, a type of gun dog. A breed characteristic is webbed paws for swimming, useful for the breed's original purpose of retrieving fishing nets. The Labrador is the most popular breed of dog by registered ownership in Canada, the United...
s, including one who was cited by Calvo to be running away from officers. Calvo and his mother-in-law were handcuffed and questioned for several hours, with Calvo wearing just underwear.
Response of law enforcement agencies
The incident received wide coverage in the United States and abroad. Immediately following the raid, both the Sheriff's Office and County Police stated that the Berwyn Heights raid was proper because of the large quantity of drugs involved.On August 7, 2008, Mayor Calvo called for a federal investigation of the incident by the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
. The local chapter of the National Association for the Advancement of Colored People
National Association for the Advancement of Colored People
The National Association for the Advancement of Colored People, usually abbreviated as NAACP, is an African-American civil rights organization in the United States, formed in 1909. Its mission is "to ensure the political, educational, social, and economic equality of rights of all persons and to...
(NAACP) also requested an investigation. In early August, the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
(FBI) began a civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
investigation into the incident.
On August 8, 2008, the County Police cleared the Calvos of any wrongdoing relating to the drug shipment. Chief of Police Melvin High called the Calvos "innocent victims" who were caught up in the drug trafficking ring. While High said he regretted the loss of the Calvo's dogs, he did not apologize for the actions taken by his officers.
In a press conference on the same day as High's exoneration, Sheriff Michael A. Jackson
Michael A. Jackson (sheriff)
Michael A. Jackson is the former Sheriff of Prince George's County, Maryland. Pursuant to Maryland Common Law, Jackson's position as the elected sheriff made him the senior law enforcement official of his jurisdiction and his authority superseded all others within the county. Jackson, a Democrat,...
defended the conduct of the deputies who conducted the raid. However, an internal investigation was launched as with any incident involving the discharge of a deputy's weapon. The results of the investigation, released on September 4, 2008, concluded the conduct of the deputies was appropriate and no wrongdoing was committed. According to the report, the first dog was shot after "engaging an officer" and the second was seen "running towards a second officer" and shot as well.
As of December 2008, the county police has indicated their investigation is not complete. The FBI is still monitoring the situation. In August 2010 while campaigning to be elected county executive, Sheriff Jackson stated, “We′ve apologized for the incident, but we will never apologize for taking drugs off our streets....Quite frankly, we′d do it again. Tonight.”
Improper search warrant
During the interrogation, Calvo repeatedly requested to see the search warrant, but his lawyer stated no copy was provided until three days later. A County Police spokesman initially stated that a no-knock warrant had been issued for Calvo's home. However, after Calvo's lawyer challenged that statement and media published copies of the warrant, the commander of the county's narcotics enforcement division stated that no-knock warrants do not exist in the county. However, no-knock warrants were clarified in a 2005 law, sponsored by Baltimore Delegate Curt AndersonCurt Anderson
Curtis Stovall Anderson is an American politician, lawyer and former broadcast journalist. Anderson was first elected to the Maryland House of Delegates in 1983, is the chairman of the Baltimore City Delegation, and past chairman of the Legislative Black Caucus of Maryland. After serving 12...
, that limits their use to suspects fleeing into a house, or if a suspect is considered armed or is attempting to destroy evidence.
Lack of a background investigation
During interrogation, Calvo stated that officers did not believe he was the Mayor and for a time refused his request that they contact the Berwyn Heights Police Department (which was unaware of the raid) to confirm his identity. Police Chief High stated his department did not know the home was owned by the mayor and his wife.Patrick Murphy, chief of police for the Berwyn Heights Police Department, was especially critical of the county police. Murphy argued that the raid could have been prevented if his department had handled the situation, stating "you can't tell me the chief of police of a municipality wouldn't have been able to knock on the door of the mayor of that municipality, gain his confidence and enter the residence". Furthermore, according to Mayor Calvo, a memorandum of understanding
Memorandum of understanding
A memorandum of understanding is a document describing a bilateral or multilateral agreement between parties. It expresses a convergence of will between the parties, indicating an intended common line of action. It is often used in cases where parties either do not imply a legal commitment or in...
between the county and the city requires county police to inform the city if an operation is being conducted within their jurisdiction.
Use of excessive force
In an editorial a week after the shooting, The Washington PostThe Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
criticized the actions of police officers as "a Keystone Cops operation from start to finish", alluding to the lack of proper execution by the sheriff's department's SWAT team. Additionally, groups such as the Cato Institute
Cato Institute
The Cato Institute is a libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Edward H. Crane, who remains president and CEO, and Charles Koch, chairman of the board and chief executive officer of the conglomerate Koch Industries, Inc., the largest privately held...
were critical of the operation and used it as an example of the dangers of the War on Drugs
War on Drugs
The War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...
and the militarization of local police departments in the United States. Marc Fisher of the Post also related this incident to the growing prevalence of SWAT units, even in small jurisdictions, noting a massive increase in the amount of SWAT deployments since the mid-1980s.
Further criticism was leveled against the sheriff's department's deputies for the shooting of Calvo's two dogs. Contrary to the official internal investigations conducted by the sheriff's department and the county, Calvo stated his dogs were not a threat to the deputies. To support his claims, Calvo paid for a necropsy to be conducted on each dog by the Maryland Department of Agriculture. According to the results, one dog was shot four times, including twice in the head and chest. The other dog was shot twice, including once in the back of the leg which bolsters Calvo's argument that the dog was fleeing and that the force used was "unbelievably excessive". This version of events was also confirmed by the later testimony of a law enforcement officer present at the raid
Later arrests
Prince George's County Police later arrested two men in a drug trafficking plan involving the shipment of large parcels of marijuana to addresses of uninvolved residents. After each parcel was delivered outside the addressee's home, another individual would retrieve the drugs. Police seized six packages containing417 pounds of marijuana.
Prince George's County sheriff's internal investigation
On June 19, 2009, the Prince George's County sheriff's office issued a report of an internal investigation that cleared its deputies of any wrongdoing in the Berwyn Heights raid. Prince George's County Sheriff Michael JacksonMichael A. Jackson (sheriff)
Michael A. Jackson is the former Sheriff of Prince George's County, Maryland. Pursuant to Maryland Common Law, Jackson's position as the elected sheriff made him the senior law enforcement official of his jurisdiction and his authority superseded all others within the county. Jackson, a Democrat,...
said during a press conference that the findings of the report "are consistent with what I've felt all along: My deputies did their job to the fullest extent of their abilities....In the sense that we kept these drugs from reaching our streets, this operation was a success." Jackson's explanation did not address the fact that the package was intercepted in the FedEx warehouse and delivered under police supervision.
During the press conference, Sheriff Jackson gave the first apology for the raid by a county official. "I am sorry for the impact this has had on Mayor Calvo, Ms. Tomsic and Ms. Porter and for the loss of their family pets," Jackson said. "It is extremely unfortunate that a felonious drug trafficker involved this family in his criminal enterprise."
In response to the report, Cheye Calvo issued the following statement: "By commending his deputies for their actions, the Sheriff is placing other innocent families and innocent family pets at risk. There is no excuse for the no-knock entry into our home, the killing of Payton and Chase, and the prolonged handcuffing of my mother-in-law and myself."