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.