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THE USE OF THE MILITARY IN LAW ENFORCEMENT. The Hernandez Tragedy Case Study. Background: Use of Military Units in U.S. Law Enforcement. U.S. law generally prohibits military from enforcing domestic law Unless specific type of enforcement action authorized in law.
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THE USE OF THE MILITARY IN LAW ENFORCEMENT The Hernandez Tragedy Case Study
Background: Use of Military Unitsin U.S. Law Enforcement • U.S. law generally prohibits military from enforcing domestic law • Unless specific type of enforcement action authorized in law
Background: Use of Military Unitsin U.S. Law Enforcement • Prohibited activities include: • stopping vehicles, vessels, aircraft • searches or seizures, arrests • investigation & interrogation
Military Counter-Drug Assistance Specifically Authorized by Law 1981 share equipment & facilities, train on equipment, surveillance & communications 1989 lead agency for surveillance of illegal drugs entering U.S.
Military Counter-Drug Assistance Specifically Authorized by Law 1991: • maintain, repair, upgrade equipment • transport personnel • provide operations bases • train U.S. & international personnel • construct roads & fencing • command & control networks • intelligence & reconnaissance
Civilian Law Enforcement Agencies Operation Alliance • National • 4 States • Local
Military UnitsSupporting Operation Alliance • Operational • Joint Task Force - SIX (JTF-6) • coordinates & plans military support to drug law enforcement agencies • Tactical • U.S. Marines, 1st Marine Division, 11th Regiment, 5th Battalion
U.S.- Mexico Border: Big Bend Texas Region • cross cultural make-up • vast territory • smugglers & illegal aliens • law abiding citizens
Redford, Texas • Small town; 130 residents • Located on Rio Grande River which marks border with Mexico • River is shallow and can be crossed on foot • Residents usually carry weapons due to potential dangers Redford
Operations Order • Teams watch for and make real time reports on all persons, vehicles, aircraft • Reports will be passed to Border Patrol • Border Patrol agents to respond within 15 minutes
Listening & ObservationPost Teams • Remain concealed during daylight hours • Move to post at night • Wear “gillie suits” & camouflage paint • Armed with M-16A2 rifles
Hole 3 Team Members • Corporal Banuelos, Team Leader, age 22 • Corporal Torrez, age 19 • Lance Corporal Wieler, age 21 • Lance Corporal Blood, age 22
Rules of Engagement (ROE) Card Mistakenly Issued • Force may be used to defend yourself & others • Do not use force if other defensive measures could be effective • Use only minimum force necessary • You may detain any person who poses an imminent threat of serious bodily harm to you or others present. Release to civilian law enforcement soonest. • You may pursue hostile forces only to defend or retrieve military personnel.
ROE Card Which ShouldHave Been Issued • You MAY use only the amount of force necessary and proportional to the threat. • You MAY use deadly force to defend yourself and others from death or serious bodily injury. • You MAY detain any person who poses an imminent threat of death or serious bodily harm; release to civilian law enforcement soonest. • You MAY NOT use deadly force if other measures would be reasonably effective. • You WILL make every effort to avoid confrontation and armed conflict with civilians.
Events of May 20, 1997 1800: Team moves out of hide site to observation post 1805: Marines see man on horseback on Mexican side of border 1805: Team reports another man (Hernandez) on U.S. side carrying a rifle and herding goats Ezequiel Hernandez, age 18
Events of May 20, 1997 1807: Team reports they are taking fire; Border Patrol notified 1811-1814: Team Leader- “As soon as he readies that rifle down range, we are taking him.” Operations Center- “Roger, fire back” Marine Team- “He’s ducking down…he’s looking for us.” Operations Center- “You are to follow the ROE.” Marine Team- does not acknowledge order.
Events of May 20, 1997 1819: Border Patrol radios team that they are on the way 1827: Team reports “…Man down….[He] pointed his weapon down range and we took him out.” Team Leader fired single fatal shot. 1836: Border Patrol arrives at scene.
Marine Mistakes • Mission viewed as training opportunity not potentially dangerous operation • leadership failed to learn from previous shooting incidents • poor support of Marine tactical units by higher Marine headquarters • Marines selected for mission on the basis of availability not skills or training • Marines selected had never worked together & received insufficient training
Marine Lessons Learned Counter-drug support mission: • Analysis • Personnel selection • Training must take into account risk of violent confrontation with civilians & non-combat nature of mission.
Interagency Mistakes • JTF-6 did not communicate operational and tactical requirements • No contingency plans or rehearsals between Marines and Border Patrol • Border Patrol failed to respond to some Marine requests for support • Lack of understanding between Marines and Border Patrol regarding response time
Interagency Mistakes • Border Patrol and JTF-6 provided inaccurate & incomplete tactical information to Marines • may have overstated general criminal involvement of Redford residents • were not informed that Border Patrol agents had previous incident with Hernandez shooting gun • were not informed they were on private land & or houses were nearby • Marine team failed to clearly communicate situation during incident
Interagency Lessons Learned Interagency leadership must: • ensure adequate tactical information is provided • identify training needs • develop contingency plans • provide sufficient support during mission
Rules of EngagementMistakes/Lesson Learned • ROE instruction limited & insufficient • Marines were used to Standing ROE for combat • “scenario fulfillment” phenomena • Cards necessarily lacked likely scenarios Lesson Learned: ROE instruction for non-combat missions must be extensive and specific.
Analysis of Banuelos’ Actions ROE Issued to Banuelos: • Force may be used to defend yourself & others • Do not use force if other defensive measures could be effective • Use only minimum force necessary • You may detain any person who poses an imminent threat of serious bodily harm to you or others present. Release to civilian law enforcement soonest. • You may pursue hostile forces only to defend or retrieve military personnel.
Analysis of Banuelos’ Actions Actual ROE for Mission: • You MAY use only the amount of force necessary and proportional to the threat. • You MAY use deadly force to defend yourself and others from death or serious bodily injury. • You MAY detain any person who poses an imminent threat of death or serious bodily harm; release to civilian law enforcement soonest. • You MAY NOT use deadly force if other measures would be reasonably effective. • You WILL make every effort to avoid confrontation and armed conflict with civilians.
Outcomes After the Incident • Texas State Criminal Investigation • Defense Department Investigations • Federal Criminal Investigation • Civil Action • Congress Investigation
Operation JUMP START:Lessons Learned? • 2006 - 2008 deployment of 6000 National Guardsmen to Border with Mexico • Mission: support Border Patrol in controlling illegal immigration & drug smuggling • Functions: entry identification teams; build roads & fences; provide medical, communication, administration, intelligence, and repair support, assist at checkpoints
Operation JUMP START:Rules for the Use of Force • Force may be used in self-defense and defense of others. • Consider employing an escalating level of force. • Use only the minimum level of force necessary. Force must be proportionate to the threat. • Non-Deadly force levels: show of force; verbal persuasion; defensive techniques
Operation JUMP START:Rules for the Use of Force • Deadly Force may be used only when all 3 conditions are met: • You reasonably believe person poses an imminent danger of death or serious bodily injury to you or another; • All other means are exhausted, not readily available, or situation does not permit their use. • Use of deadly force does not unreasonably increase the risk of death or serious bodily injury to innocent persons. • Arming Order Level determined by commanding general or designee
2007 Armed Border Confrontation • 4 armed soldiers observe 6 – 8 armed intruders wearing bullet proof vests • soldiers follow standard operating procedure: withdraw and report • No shots fired, rifles kept “ready low”
Conclusion • Traditional military units fundamentally different from civilian law enforcement agencies • Careful planning & training needed for law enforcement missions • Interagency cooperation critical to success • Carefully drafted rules for use of force vital for success