what does it take to police america? >> we hear bang and screaming on the door. >> he has an assault rifle. >> some americans are mad and pushing back against authority. >> why are you playing me under arrest? >> some are upset that the government spies on them. >> what you do on your cell phone is none of their business. >> after all, today everyone can spy on anyone. >> that was cool until it started taking pictures of my wife over there. >> i could do it if i could just control my drone. >> it's a weed whacker. >> a private spy for the police.

policing america. where is the line between security and liberty? i want the police to be better armed than the bad guys but today what does that mean? >> more than 100 square blocks were decimated by fire and looters. >> after the los angeles race riots in the '60s some cities created heavily armed assault teams called s.w.a.t. for years swath teams were called out in emergencies like a riot or bank robbery where hostages were taken but their use has increased from less than one raid a day to today, maybe 100 raids. every day. including case where i have to wonder, why call out the s.w.a.t. team? >> anyone would be afraid of me

if i was trying to -- >> joel is a standup comic. the 5'3" tall man caught the attention of a s.w.a.t. team in new york city. >> i had a mind numbingly bad customer service at the apple store. i went home and i -- about it on facebook. i thought it was funny. i quoted "fight club". >> might walk into an apple store pumping round after round into one of those smug fruity concierges. >> people were responded that it was obviously from "fight club. >> i thought i was literary until 90 minutes later a s.w.a.t. team knocked on my door. >> you opened the door and -- >> the planet changed. >> a dozen heavily armed men.

>> if they would have googled me they would see i was teaching a yoga class in an hour. >> his paper suggested that joe was stupid. >> who doesn't vent on the internet? i never thought i would quote a movie and it would bring a s.w.a.t. team to my house. if i dt enter the door with a sense of humor, who knows what would have transpierd. >> new york city would not talk about their raid but it's other s.w.a.t. teams like talking about what they do. >> i have participated and planned 2,000 operations. >> charles leads a s.w.a.t. team in kansas city. >> we are not soldiers out here. we are not fighting a war against an enemy. we are trying to help people. >> he says his team usually knocks first and depending on circumstances, waits ten seconds or two minutes.

before breaking down the door. >> we're not liable for damage to people's property. my guys will try to patch up the door. >> the suspense of barging into homes makes good tv. there are several s.w.a.t. team reality shows. >> officers -- >> before we did that show, kids would run from us. after we did that show, kids would run up to us and want to get in the van and check things out. >> while the sergeant doesn't like waking people up in the middle of the night. others do. why then? >> we like to within before having a fight. >> steve from dallas. >> if i have a gun at home and someone is banging on my door screaming. >> what you're announcing is police. just because the guy says police doesn't mean he is police. >> that's a great point.

>> just hear bang, bang. scary. >> it's supposed to be scary. and we use that to gain a tactical advantage. >> before they can think. >> that's exactly right. >> it doesn't get used too often today? >> i have been involved in 1,000 operation. we have become so comfortable of this idea of using s.w.a.t. for everything. >> the police are turning into warrior cops and s.w.a.t. teams are greatly overused. and in fact, today police use s.w.a.t. teams to raid truck stops that have video poker machines. barbershops. and organic farm. a frat house where there is said to be underage drinking. and iowa police used this many police to raid a house where people are accused of credit card fraud. >> using this force on people

who are not violent is a disproportionate use of force. >> arizona police thought this house might be a pat of that family drug ring. inside was an ex-marine who completed two tours in iraq and worked in a local copper mine. he had just gone to bed after his shift. >> they take the door down. his son and wife is in the house. he grabs his military weapon. one officer tripped and fired his gun and the officers opened fire. >> 71 shots. they killed jose. >> his gun was still on safety. >> inside the house, officers found no drugs or illegal weapon. >> i cannot fault an officer for shooting at a person who raises a gun at them. >> this man teaches s.w.a.t. tactics. he says try a ruse instead of a

raid. >> we would dress up like a u.p.s. driver, package at the door, come sign. >> when you burst into people's homes -- nasty things do happen. this s.w.a.t. team believes there is a large supply of marijuana here. [ bleep ] the police posted this video on the web and it went viral. >> rush in the house, shoot the dog, terrify the kid. >> the video speaks for itself. they are not pulling hair or swearing or knocking people on their faces. they are walk through the house, police with a search want. the pit bull is attempting to bite a police officer i think they have legal authority to stop the dog from biting them. they shot the pit bull because

the pit bull was reportedly. they did nothing wrong in that case. >> even though they didn't find the large amount of marijuana. >> you are creating violence and confrontation where there was none before. >> police work is dangerous. they don't know what is on the other side of the door. they are just protecting themselves and making sure it is over quickly. >> if you are breaking into a house in the middle of the night their first instinct is another drug dealer wants to rip them off. >> so police want protective equipment. s.w.a.t. teams get that and more from the pentagon. >> in early day it was helicopters, airports, big ticket items that an agency could not afford but in many circles couldn't use. >> today? >> m-16s and things from a battlefield. >> some is necessary.

his team once had to borrow a garbage truck to get close to people. >> we needed an armored car that day. >> now the pentagon gives away mine resistant armored vehicles. >> they use it because it's free. >> in your town the sheriff's office got an mrat. >> and they need that. >> any armor you can procure that is free is a good thing. i'm a fan of having it and not needing it. >> local police get cash grants from the department of homeland security which they use to buy armored trucks like this bear cat. >> this is the preferred vehicle. >> but you is to pay for that? >> 270 grand. >> all of this equipment has a purpose. >> search warrant. >> the purpose is to protect the officers and make it clear to the bad guy that he faces overwhelming force that fighting back would be futile.

>> we just served a no knock search warrant in houses where we know people are armed and know their criminal history we're not going to knock on the door. one of the suspects stood up with a handgun. >> they tossed a flash bang grenade. before we could reach to the gun my guys are on top of him. we are not going after littlejohny. >> but sometimes s.w.a.t. teams raid homes of people who have done nothing. they raided the home of a former cia employee. a police offer spotted bob and his kids coming out of the store and told the sheriff's department they left with a small bag of merchandise. eight months later. >> a raid to our house. >> we hear banging and screaming

on the door. i'm hiding under the covers. >> reach out and open the door and i'm on the ground staring at this guy's boots and everybody is yelling are there children in the house. >> he didn't know about their work history? >> we have had top secret clearances. >> they kept us under armed guard while they searched every square inch of the house. >> we didn't find out why this team had come to the house. >> they must have told you. >> no. >> all they were told was. >> there are narcotics in this home. >> but they didn't. >> they gave the harts a receipt, no items taken. why the s.w.a.t. team. >> one of the guys said that marijuana seeds and stems had been pulled out of our trash. our minds go crazy, the trash people, the neighbor kid is throwing their stuff in our trash. >> but what the police found in

their trash was not marijuana. it was tea. >> i drink high quality loose tea and when i'm done with it i throw it in the trash. >> police found the tea leaves and did a field test on them. >> they had a positive reading for marijuana and that was enough to then raid our home. >> it wasn't until after the raid that police sent the tea leaves to the lab. >> and the lab said it doesn't test positive for pot. >> but you are guilty. >> i don't that we're guilty of anything but drinking tea. >> of course, s.w.a.t. raids are sometimes needed but 100 raids every day. and there are now border patrol check points well inside america?

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. if i drive across the u.s. border i know i have to stop at a border patrol check point but imagine driving to the grocery store well inside america and being stopped by the border patrol. >> what crime am i being charged with? >> steven was stopped at a border patrol check point 60 miles from the border.

the officers say their police dog alerted them to something in his car. but anderson says the dog never alerted to anything. he wouldn't let them search his car so officers break both windows and tase him from two directions. here's what he looked like later. on youtube you can see a lot of confrontations like that. a lot of americans are upset about being stopped not on the border but miles away from the border. our government did rule that border patrol may set up check points within a reasonable distance of the border. what is reasonable? >> 100 air miles from any external boundary of the united states. >> 100 miles. that's where most americans live. >> two thirds of the people live in these spots. all of florida, all of maine. >> agents tell people that all

residents are suspect by virtue of living in southern arizona. >> america needs to police our border. rick understands that. he is an air force pilot. now he is based in texas where he found he had to pass through check points all the time. >> there's no way to leave the border town without going through a check point. >> the check point he passed through most often is 67 miles from the border. >> i started to feel like i was asking permission to leave that town. i haven't crossed any borders and i didn't like that feeling. >> hoe so he installed cameras in his car. >> i want to prove the truth of events. >> i've asked if i'm free to go. >> he is on the phone with a lawyer. >> they are standing around without telling me anything. >> the supreme court said that border patrol agents can conduct brief stops for the limited purpose of verifying resident

status. >> the person says yes, i am and be let go. >> according to the supreme court, yes. >> you can't set up a fishing expedition. >> but that's what many do. >> what's the reason to want to check my trunk? >> your car was dirty. >> here a border patrol agent inspects one of our cars. >> it was a peaceful little town. it was calming. there wasn't no problems. >> big government creates problems. as the number of interior check points as grown more americans say this is destroying our town. >> there is less tourists coming here. >> this woman had to close her business. >> it's sad. economically this town depends on tourists and we're not on the

border. >> people in this town say it's like living in occupied territory, apache helicopters overhead, surveillance towers, dozens of trucks cruise their street. >> it's a one-block town and the border is not close to here. >> imagine living in a small town where in order to go to work or take your kids to school every day you had to enter to an armed federal agent. they may want to ask about your medical history, where you're coming from. on other days they might want to search your car. >> you can't get on the road now that somebody doesn't stop you. they think everybody out here is a criminal. >> these are the kind of experiences that real people are having on a daily basis at the check points and they fly in the face of what it means to live in a free society where you don't have to answer to federal agents when you go about your daily

basis. >> big brother looking at us, you know. >> am i being detained? >> more americans are pushing back. >> why am i being detained? >> arizona photographer james foray refused to answer questions. >> why? >> why? >> because i'm sending you over there. >> answer my question do. you have a gun in the vehicle? >> you could have said i don't have a weapon. >> they asked a series of questions that were none of their business and they did not have authority to ask him. he asserted his rights. >> which led to this. >> get out of the vehicle. >> why are you twisting my arm? >> i am -- >> get out of the car! [ bleep ]. >> he was pulled out of the car at gunpoint and detained for an hour. >> they found no contraband. >> what question did i not answer. rick says it's wrong he is asked

where is he going in his own country. >> this is hardly a threat to your liberty just tell us where you're going. >> i answered 17 questions and produced a military i.d. and two passports. >> if it was your job to be a border guard and someone didn't answer questions wouldn't you want to detain them? >> you might want to but unless you have reasonable suspicion for a crime. >> he won't answer questions. >> lack of cooperation cannot be used as a basis for reasonable suspicion. this is a person who is having to stop in the middle of a road who has done nothing wrong and is surrounded by armed government agents with dogs. >> the border patrol would not respond to our questions. so peter king responded. >> i think border patrol, these are inland. >> it's reasonable cause to do

it. remember when people come into this country illegally they don't stay on the border. they keep going. >> if people are not compliant they break windows. people have been tazed. >> i am not aware of significant abuses at all. if anything, the complaints we be is there is not enough strict enforcement. 100 miles from the border, american citizens having to prove we're americans to drive to work or the grocery store? >> we live in an upsetting world. >> americans have the right to be free in their own country, to drive within their own country. real freedom lies in the thin space that separates an american citizen from an armed member of their government. >> that thin line keeps getting thinner. authorities keep inventing new tools. mabs will use microsensors and microprocessor technology to nash gait and track targets.

america locks up more of its people than any other country. one reason is. >> mandatory sentences. >> mandatory minimum jail sentences are why these two spent a decade in jail. >> they slam my brother on the ground and me on the ground and put us in handcuffs and show us a picture. do you know this guy? it was the guy that fixed our car. >> they were arrested for cocaine conspiracy. >> they found no property, no money, no drug. >> no drugs? >> never sold any drugs? >> the brothers denied they used drugs. but dealers claim they had seen them dealing. >> why name you? >> i did legitimate business. >> the dealers by pointing to

these two reduced their sentences. >> this is a snitch culture. they will lie to make you look like a horrible person. they made us look like drug lords. >> why would they do that? mandatory minimums encourage crooks to implicate others. >> i have an incentive to make stuff up. >> and people do. >> a perfect example for someone to get out of trouble. >> snitch is a good word in my vocabulary. criminals, murderers, drug dealers they don't deal -- >> to make something up. >> you can find that out. >> elise became a prosecute and has jailed smugglers, drug dealers and hitmen. >> most of the prosecutors like the mandatory minimums. why? >> it's more control for the prosecutor. >> and less for the judge. >> the judge's hands are tied.

no matter the circumstances, no matter the unique circumstances of the crime or the victim or the defendant, nothing matters. >> the judge can't do anything? he can't say this is nuts? >> judges complain about this all the time. they apologize to defendants. they say i'm sorry i have to do this. >> a judge apologized to scott after he had back surgery. he got addicted to painkillers and met a woman in a bar. >> she was asking him to supply her. >> she was working with the cops? >> he never sold any kills. >> introduced her to a supplier? >> he was charged and given a 25-year mandatory sentence. >> the judge said this punishment does not fit the crime. with great reluctance i have to sentence the defendant to 25 years. >> judges are begging the legislators to change this law. >> it's a harsh sentence but that's what mandatory minimums

mean. and if he pled with the prosecutor he wouldn't have got there. >> prosecutors want to avoid the trials. the threat of long jail time persuades accused people to plead guilty. >> i have had grown men on a drug bust just burst out in tears weeping. why? mandatory minimums. >> if you plead guilty you don't get the mandatory minimum. but if a suspect says i want to tell my side of the story. >> why would a prosecutor be a hard guy about it? >> they want to go to voters and say look at my conviction rate. >> big bad john. >> former prosecutor john -- won his u.s. senate seat after bragging about being tough on the bad guys. >> it's not a surprise that prosecutors are the only ones left to defend them. >> some states have tougher minimums than others.

>> i work in florida we have mandatory minimums for drug laws that are the worst in the country. >> the toughest in the country. >> the worst and the toughest. >> if you are caught with 22 pain pills without a prescription you get an automatic three years in jail. 44 pills, seven years. >> some of these are a panicked response to a fear of drugs. >> we're talking about hard core dealers here. when crow talk about someone trying to sell -- >> 22 pills. >> that's not somebody just yugz. that's somebody selling. >> but the pain management institute says that could be less than a week's prescription. >> low level drug users. you have addicts who are picked up and charged with trafficking and sent to prison for decades at time. >> like the garrison brothers. they demanded a trial but a jury believed the prosecution's snitches. >> you got 16 years and you got

almost 20 years. >> and the snitch? >> under three years. >> the message is make something up about someone. >> if the proponents are correct the crime rates should go down. >> michigan repealed its mandatory minimums. >> they saved billions of dollars and the crime rate has fallen 20%. >> next, more drones are coming. smaller, creepier. >> big brother has new ways to watch. that's next.

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let's start with the big story. >> the federal government spying on our phone lines. >> the nsa keeps a record of most every phone call americans make. learning that makes people mad. >> get a warrant or stay out of our lives. >> what you do on your cell phone is none of their -- business. >> senator rand paul sued the government for collecting those phone logs without getting warrants for each person. >> i think there is a protection to your records. >> the fourth amendment forbids unreasonable searches and seizures. >> they were thinking about the british soldiers coming into your home. this is data mining. >> they will tell you they are protecting us and they have privacy controls in place. i have a news flash for you. the government doesn't always tell the truth.

>> all this talk and yelling, there the not one example of political abuse. >> he says political abuse because the nsa admitted to love in. >> the guy is checking up on his girlfriend and -- >> that happens all the time. the people in the phone companies doing that, the police officers, the fbi agents, any time there is access to something like this there is a potential for abuse and they were caught. >> how much haven't they disclosed? >> you can say that about every law enforcement agency in the country. >> the government says that spying saves lives. the nsa says it prevented a plot to bomb new york city subway and prevented a somali imgrant from sending money to terrorists in somalia. >> 54 potential attacks were foiled. >> they said we prevented them. on cross-examination every one was eviscerated.

they get down to one somalian guy sending money to somalia. >> would the nsa lie? >> does the nsa collect any type of data at all on million or hundreds of million of americans? >> no, sir. >> it does not? >> not whitingly. >> yet the nsa does. >> they lie. >> this was a classified secret program we didn't want the enemy to know about. i'm sure he could have given a better answer. >> what would have been a better answer? >> i don't know. the fact is the nsa doesn't listen to the phone calls. they drill down on the numbers. >> to protect us. >> i'm all for looking at that person's records if you get a warrant. there's no reason not to get a warrant. >> it delays the investigation. >> there is a rapist in d.c. you want to catch him.

what do the police do? they call a judge in front of the house. >> do you think the judge says no? >> if the judge always say yes how does the warrant protect us. >> let's say you want all the records of all the reasons in texas the judge will say no. it's a great protection. i'm not willing to give up on it because i fear the time when maybe someone in government becomes so not well intentioned. i don't think president obama is a bad man. his motives are good. but what about the next president or the president after that. >> senator paul argues that we catch more terrorists without tracking every phone call. >> we take our eye off the prize by spending so much time mining information from innocent individuals and spend less time targeting our activities. we had two boys, the boston bombers. >> russia warned america about them and the fbi interviewed them but they didn't keep an eye on them. >> one boy was radicalized. we didn't know he was on the

plane. >> the two brothers set off that bomb at the boston marathon. >> so busy tapping our phones they don't pay to what they should. >> it's there. but if we see a terrorist phone number from overseas coming to the u.s. we track that down. >> do you worry about the police going too far? these cases? that america becoming like a police state? >> well, sure. and that's -- >> we're not close to that? >> not even close. >> we are close says technology writer curt newton. >> we have these phones on our phones and tablets and ipads. >> a light goes on and tells me the camera is on. >> not when a hacker has control of it or the fbi. >> the police can turn this on remotely without the light going on and spy on us. >> i don't know if the police can do that. the nsa is not doing it. >> but they can. >> they're not, though. >> and more of the stuff --

>> that leads us to paranoia. you could be spying on me and left bugs in my office here. >> the fbi did admit to secretly spying through a laptop. >> when you're on your cell phone they know where you are, they can turn on the microphone at any given moment even though you turned your phone off they can operate the microphone to listen to what's going on around your phone. >> that's scary. and equally scary is your ne ♪ music ...the getaway vehicle!

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our military has big plans. here's a sample of what's coming. >> lethal microair vehicles. they will nav gay gait and track targets through complicated terrain such as urban areas. they can be equipped with combustible payloads. >> forget spying, these things can be turned into weapons. >> and perhaps creepier today you can buy a drone. this is called the phantom vision. you can buy one now for just

$500. $1200 if you add a camera. even a simpleton can do it. and back down gently. sit. people use these to get amazing video. this is niagara falls. this man sells drones. >> you can fly it over the crop rather than having to walk into the crops they fly a drone a thousand feet over the crop. they get footage of their crop in three minutes. we have realtors who are flying them around houses and taking aerial views of the houses. >> i hope they practice first. i crashed the thing trying to learn. it's only two pounds but i think you could hurt people. they are only 500 bucks. it's a weed whacker. >> you can land it without

landing it. >> true once we got to the gps work it was easy to control and the gps makes sure you don't lose your drone. >> i can take it away. bring it over here. and it will go right back to where it -- it should, where it was sent. all this is very cool. but if anyone can buy these, what does it mean for our privacy? >> now video of i don't know, people sun bathing in their own house or looking through someone's neighborhood to see what's inside. >> that was cool until it started taking pictures of my wife. >> these women were willing participants. but they can spy and fly for miles. they are noisy but high in the air it would be easy to spy on those who didn't know. this one looks like a humming bird. >> does anyone want to be watched without knowing it? >> but other people liked it.

>> i'll get one. >> that worried rand paul. >> my neighbor has one. a good one. if i see it over my property, my gun is coming out. >> a senator gave paul this mini-drone. >> does it fly? >> it does fly. we'll get it to fly maybe, we'll see. >> i guess we don't have to worry about the senator spying on us. and paul points out that america has privacy rules. >> someone can't look in your window. that's a peeping tom. >> on the other hand some people say, hey, look, i've got nothing to hide. why should i care? why do you have drapes? >> good point. and coming up, the rare

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smell that? it's marijuana. it's illegal here in new york state, but washington state and colorado just legalized it. not just for medical use. for any use. legalization supporters cheered when voters said yes. most colorado politicians opposed legalization. >> now what?

>> our voters want marijuana to be regulated like alcohol. >> and that's the plan. on january 1st, this iraq war vet made the first legal purchase. >> couldn't be more excited. huge. changing the world. >> changing it for the worse say most that once ruled over the drug war. kevin worked for three presidents most recently. colorado will soon realize its mistake. >> if we go to colorado in the next month, we'll start seeing the problems. >> we're already seeing the problems. >> some kids have gotten ahold of marijuana, but there haven't been problems. denver looked normal. it was hard to tell if anyone was high. easier to see who seemed drunk, but there's no longer a war on weed in washington or colorado. >> the war kills people, runs over people. >> you know what?

let's end the war in a different way. better prevention. better law enforcement. >> we have been trying it for decades. >> not at the scale that we need. >> america has spent a trillion dollars trying to fight drugs. >> what does it say about america that we lock up more people than any other country? >> we should be ashamed about it, but that doesn't mean we replace one tragedy of incarceration of what would be a public tragedy of legalization. >> law enforcement's job is to protect people from each other. we can't protect them from themselves. >> for 36 years, tony ryan was a cop in denver. >> seattle police have gotten into the spirit of legalization. this officer handed out bags of

doritos with funny warning signs. >> they're laughing with the kids. >> it's a dose of reality. >> the reality that we give some people the munchies and the reality some people were already getting high. >> denver's medicine man store sold medical marijuana to medical patients before. now it has more customers. >> when we first started, it was very scary. i would wake up maybe once a week and believe i was in federal prison. >> williams runs the shop with his brother and mom. they made a million dollars in the first month of legalization. >> legality brings peace. >> but it also brings mass commercialization and promotions. we're about to create the next

r.j. r r.j. reynolds. >> we'll see more drivers participating in getting high and getting behind the wheel. >> some run humorous ads to get marijuana users to think before they get behind the wheel. >> colorado asked motorists to report reckless drivers. with alcohol, you can use a breath test to see how drunk someone is, but there's no comparable measurement for marijuana. a blood test would show marijuana use. >> we may have to take an individual to a hospital or other medical facility for that. >> but a sober person might test positive for marijuana because it can stay in your blood for a week. colorado's troopers brought in drug recognition experts.

don says he has been trained to understand marijuana's effects on people. >> you might see their eyelids have tremors or their actual body has tremors. bloodshot watery eyes. >> this car blew through a stop sign. the trooper then smelled alcohol. >> did you have anything to drink while you were there? >> a couple hours ago. >> what did you have? a whiskey? >> yeah. >> she runs the driver through a series of tests called roadsides. >> from that position, okay, one, two, three -- >> this driver passed the test, so she left him go. with marijuana now legal, some worry that stoned drivers will cause more deadly car accidents. but so far, that hasn't happened. others feared a reefer madness crime wave. >> violence, murder -- >> but that hasn't happened

either. in denver, crime is done. >> we're here. we're doing it. we don't see reefer madness. >> security is important, but watching anything else, you're not in america. you want to be in america. kennedy: three libertarians sitting on a gate. oh, my it's getting late. the second are statists in the air. the third one, we don't care. it's halloween. while you're trying to fit your baby into a cigarette costume. we're looking out for your freedom. we'll tackle zombies and haunted scmowses not only to a world famous ghost hunter we'll talk to a ghost skeptic. if it hisses, it's probably a freedom vampire. we have plenty of garlic and constitutions to keep you safe. grab your inappropriate garb and raid the candy baskets. this is "the independents."