Remember LAPD’s Past

The Los Angeles Police Commission is expected to vote today on a proposed relaxation of restrictions governing the LAPD’s Anti-Terrorist Division. The debate should focus on the proper balance between the unit’s investigative needs at a time of increasing domestic terrorism and the inviolate constitutional rights of law-abiding citizens. But the department’s sordid history of spying on political leaders, activists and private citizens should persuade commissioners to proceed cautiously.

The proposed changes won’t weaken the commission’s oversight of anti-terrorist investigations. But the revised guidelines would allow officers to proceed more quickly on the basis of “reasonable suspicion” instead of the stronger “probable cause.” Undercover operatives, electronic surveillance and civilian informants could be used more widely. Time limits would be eliminated, allowing full investigations to keep people under suspicion without charges for far too long.

The department routinely abused its authority for years. The old Public Disorder Intelligence Division, established in 1970 at the height of the antiwar movement, collected information on former Mayor Tom Bradley, members of the Los Angeles City Council, critics of the LAPD, judges, clergy, actors and others. The current restrictions stem from a 1984 consent decree ending a lawsuit by the American Civil Liberties Union that also cost the city $1.8 million.

Before the Police Commission acts to undo protections that have worked, there ought to be full discussion of the ways that the LAPD can properly combat the threat of terrorism. Did the anti-terrorist unit miss terrorist incidents because of current regulations? The Police Commission should satisfy such questions before allowing the division greater latitude.