Chapter Chapter 4
Section Public Safety and Security
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Public Safety and Security
Law enforcement agencies across the Gulf Coast region faced countless challenges in the aftermath of Hurricane Katrina. People began looting in some areas as soon as the storm relented.115p; Violent crimes were committed against law enforcement officers and other emergency response personnel.116; The storm’s damage to equipment, facilities, communications, and jails limited the ability of authorities to respond to calls for help and to combat lawlessness.117 It is clear that violent crime was less prevalent than initially reported, although reliable crime statistics are unavailable. Exaggerated, unconfirmed claims of violent crimes and lawlessness took on a life of their own in the absence of effective public information to counter them.118
Security problems in the Gulf Coast, both actual and perceived, obstructed the speed and efficiency of the Federal response and in some cases temporarily halted relief efforts.119 Security concerns suspended search and rescue missions,120 delayed the restoration of communications infrastructure,121 and impeded medical support missions.122 On August 31, most of the New Orleans police force was redirected from search and rescue missions to respond to the looting, detracting from the priority mission of saving lives. The lawlessness also delayed restoration of essential private sector services such as power, water, and telecommunications.123 Federal officials attempted to have law enforcement officers protect emergency responders against security threats.124 However, due to a lack of planning, arranging this support took several days, during which the situation grew worse.
A limited number of Federal law enforcement personnel were already assigned to local offices in New Orleans following the storm and immediately began organizing efforts to restore law and order, but additional Federal assistance was clearly needed. The Secretary of Homeland Security and the U.S. Attorney General directed their respective departments to send Federal law enforcement officers to assist the beleaguered city.125 By September 3, over 1,600 Federal law enforcement officers were in New Orleans.126 The Louisiana Governor submitted a request to the Attorney General on September 4, formally seeking assistance from the Department of Justice (DOJ) pursuant to the Emergency Federal Law Enforcement Assistance Act. After coordinating with the Secretary of Homeland Security, the Attorney General granted the request the same day. Two days later, Governor Blanco sent a similar request to the Secretary, requesting DHS law enforcement support. The Secretary granted the request and sent additional DHS law enforcement officers to Louisiana.127
By September 5, the Department of Homeland Security had provided 1,444 officers and the Department of Justice had deployed 566 officers.128 The numbers of Federal law enforcement officers continued to grow as the Department of Agriculture (USDA), Department of Interior, the Department of Treasury, the Department of Veterans’ Affairs, the Environmental Protection Agency (EPA), and the U.S. Postal Inspection Service deployed personnel to the Gulf Coast.129 Federal law enforcement officers performed such missions as protecting Federal property, conducting search and rescue missions, and assisting local law enforcement, particularly in New Orleans.
However, several departments and agencies noted that they were impeded in their ability to provide immediate assistance due to the need for deputization to enforce State or Federal laws.130 Federal planning should have anticipated the need for such deputization procedures.
Hurricane Katrina also crippled the region’s criminal justice system. The exodus of the Gulf Coast population resulted in a significant loss of accountability of many persons under law enforcement supervision (e.g., registered sex offenders, probationers).131
Lessons Learned
The Department of Justice, in coordination with the Department of Homeland Security, should examine Federal responsibilities for support to State and local law enforcement and criminal justice systems during emergencies and then build operational plans, procedures, and policies to ensure an effective Federal law enforcement response.
The court systems in the disaster area ceased to function, causing a backlog of criminal prosecutions.132 Prisoners were often hastily evacuated which created significant challenges for recordkeeping associated with prisoner movement. There was some initial confusion in the process of identifying and relocating prisoners; however, each eventually was accounted for.133 The strain on the criminal justice system is largely attributable to the absence of contingency plans for these problems at all levels of government. While these issues remain foreseeable consequences of any major disaster, disaster plans did not adequately address the response necessary to prevent the problems encountered during the aftermath of Katrina.