More Police Come Out Against Prohibition

From Moms United To End The War On Drugs
The Colorado Independent tells the story.

Hundreds of law enforcement professionals including Denver’s U.S. District Judge John Kane have come together on a curious quest: Saying the drug war has failed, they want to legalize drugs.

Some are very nuts and bolts, saying the war on drugs has cost trillions of dollars while only making the problem worse. Others like Kane, while agreeing on that point, are more philosophical. “Our national drug policy is inconsistent with the nature of justice, abusive of the nature of authority, and ignorant of the compelling force of forgiveness,” he says on the web site of Law Enforcement Against Prohibition.

I'm of the opinion that we can't have a Free Country with a prohibition regime that arrests 1.6 million people a year for prohibition violations. Eric pretty much agrees although he is less sanguine than I am that it will end any time soon.

Winston Churchill said Alcohol Prohibition was "an affront to the whole history of mankind." And it seems so is Drug Prohibition.

Tony Ryan, who was a Denver police officer for more than 35 years, told The Colorado Independent that not only has the drug war been utterly ineffective but that it has also been counterproductive in many important ways.

He says the war on drugs is the number one reason cops become corrupt. “It’s the money. These drug cartels don’t care who they kill. Even a good cop, faced with the choice of ‘take this money or we’ll kill you’ will often take the money. And it is getting worse. Drugs are a vicious business,” he said.

The way it is put in the vernacular is Plata O Plomo, Silver Or Lead. An easy choice. Anyone who knows the history of Alcohol Prohibition knows that it was the same for that Prohibition regime. Human nature being what it is.

Officer Ryan goes on:

He says that while the money coming from the sale of drugs causes huge problems on one hand, money coming from the federal government–with virtually every law enforcement organization in the country getting grants of one sort or another to fight the drug war–causes additional problems.

“The war on drugs is an addiction because of the money police departments get,” Ryan says.

What the officer is saying is that a significant segment of local law enforcement has been Federalized. I don't believe that is what our Founders had in mind when they designed our governing arrangements some 220 years ago. Thomas Jefferson had something to say about that:

He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance.

As usual desperate times call for desperate measure.

Ryan is among those circulating petitions for Colorado’s Regulate Marijuana like Alcohol initiative. He also serves as a public speaker through LEAP.

“We give members of law enforcement, who saw the drug war up close and risked their lives for it, a voice,” Tom Angell, spokesman for the group, told the Colorado Independent. “They will almost universally tell you that the drug war distracted them from the mission of solving crimes and ensuring public safety.”

He says LEAP wants to see all drugs made legal. “There is no drug that is made safer to the public by turning its manufacture and distribution over to cartels and gangs. You don’t want gangs selling drugs on your street corners, but that is what you have,” he said.

About 75 percent of Americans and 69 percent of police chiefs say that Drug Prohibition has failed.

You might also want to support another police organization against Drug Prohibition at Citizens Opposing Prohibition.

You can watch a history of that earlier failure tomorrow evening on PBS. It is called "Prohibition". Check your local listings.

Cross Posted at Classical Values

Houston, We Have A Problem

It looks like some police in Houston love pot as much as the people they arrest for it.

Police say Hill told them he was a weed dealer and that he'd just taken delivery of his supply earlier that day.

Three other people in the apartment were allegedly holding drugs, and a thorough search of the apartment turned up a couple of shotguns, an unknown quantity of 'shrooms, around $940 cash, a little more weed, and an assortment of bongs and pipes.

What this official report does not mention specifically is the tray of pot brownies Hill says the cops seized and ate right in front of him and his fellow suspects.

All of this would emerge in Hill's conversations with his lawyers Daniel Cahill and J. Julio Vela. Cahill was disbelieving at first -- although only 19, Hill has a little bit of a precocious record in drug arrests -- but investigated his client's claims nevertheless. And now he says he has what might be a smoking gun.

Hill told Cahill that after eating the brownies and arresting him and two of his buddies, the cops got on their in-car computers and started squawking about how stoned they were.

KTRK's Ted Oberg got a hold of the transcripts:

"So HIGH...Good munchies," typed one at 2:44 a.m.

And why shouldn't they get baked on pot brownies? After all the supply is free to police. As long as they are willing to steal. If they had avoided arresting the kid for dealing pot they could have gotten away with it. Just a cost of doing business. In fact the police could probably have arranged for a regular supply free of charge had they thought the whole deal through.

Regulatory Capture

This is a story of street level crime by officers of various government anti-drug organizations in Tulsa, Oklahoma.

After evidence of the officers’ misconduct came to light, federal agent Brandon McFadden pled guilty to drug conspiracy and testified against other TPD officers. An excerpt from former Agent McFadden’s guilty plea reveals his involvement in the scandal:

From January 7th of — to May of 2008, I conspired with others, including Tulsa police officer, Jeff Henderson, to distribute methamphetamine in the Northern District of Oklahoma. During the time period . . . I used the position as a special agent with ATF to further the drug conspiracy and abused my position as a special agent. During this time, myself and Henderson seized drugs and money which were kept for our own personal benefit, falsified investigative reports, and failed to document events, and obstruct justice through falsely [sic] testimony under oath and persuading other individuals to do the same.

Ah. But it gets better (or worse - depending)

Larry Barnes and his daughter, Larita, have been deeply affected by the Tulsa scandal. Larry and Larita were imprisoned because several TPD officers fabricated a drug buy and coached an informant to lie about the buy. The informant later recanted his testimony and admitted that TPD officers told him to lie. As a result, Larry and Larita Barnes have been released from prison.

However, Larry and Larita were not the only individuals affected by police corruption in Tulsa. Many more were wrongfully convicted based on the lies and false testimony of TPD officers. In fact, since 2009, almost 40 people have been released from prison or had their cases dismissed.

I'm sure this was just an isolated incident. After all, America has the most moral people and the most moral police in the world. Especially in Oklahoma. The Buckle of the Bible Belt. Just a few bad apples. Besides it is probably worse elsewhere in the country. Uh. Oh.

Good Training

In Prohibition Regimes I took a general look at how Prohibition regimes are associated with a breakdown of the rule of law. I want to be a little more explicit here.

What does prohibition teach? Break the law if you can get away with it.

And how do you get away with it? Too many people are doing it at once for the police to keep up.

What is amazing to me in all this is that no one else can see the pattern. Is it a cause of the riots in England? Doubtful. But it is certainly a contributor.

Cross Posted at Classical Values

Police Beat Schizophrenic To Death

For those of you who have a schizophrenic male relative it is something you live in fear of. He has a run in with police and doesn't respond to police commands and the police take it personally. Reason magazine has the story, plus video and pictures that are just too horrific for me to repost. But they may have gone after the wrong schizophrenic. His father was a retired police officer. Reason quotes another blogger:

Kelly Thomas, a 37-year-old homeless man with schizophrenia, kept calling for his father as police beat and tased him repeatedly.

But his father, a retired Orange County sheriff’s deputy, was not around.

It wasn't until after Thomas slipped into a coma and was hospitalized with multiple injures that his father saw him.

And by then, it was too late. Thomas never recovered. The 135-pound man died five days after his run-in with Fullerton police.

Read the whole thing. And weep.

Cross Posted at Classical Values

Policing For Fun And Profit

I was looking for the drug courier profile page which used to be on this site and came across this page.

Perhaps the most profitable investment a community can make is establishing a POLICE K-9 UNIT. A properly trained K-9 will usually pay for itself in 60 days and keep the revenue of city hall running high by utilizing the drug forfeiture laws.

I'll bet that jailing people for their personal bad habits is quite profitable. There are so many of them. Of course we have Drug Police. But that is only a small part of how people are harming themselves. We need Food Police. And of course the world will not be safe for children without Sex Police (who will obviously be issued Sex Pistols). And everyone knows that bad thoughts invariably lead to bad actions so we will no doubt need Thought Police. I'm sure Dogs can be trained to smell Drugs, Food, and Sex. But what would be really useful is Dogs that can read minds and alert appropriately. "Judge, the dog was wagging its tail which it has been trained to do when anyone is thinking bad thoughts about the President or the County Commissioner." I'll bet local governments could make a fortune with such dogs.

Cross Posted at Classical Values

Euphemisms

The euphemisms for government spy are:

undercover police

confidential informers

What About My Profits?

Retired police officer Howard Wooldridge meets up with some big time illegal pot growers (inadvertently) and finds out what they fear. Hint: it isn't the police.

I spent my second week of the Oregon speaking tour like the first… speaking to various groups, media etc. The most memorable question of the tour came from a guy in Coos Bay in SW Oregon. He asked what would happen to the price of pot, if California legalizes it this fall.

The price would fall hard I replied, though I admitted to not being an expert. I later learned the questioner and several of his friends were big-time illegal growers.

Which brings up something I have been saying for years.

Drug prohibition is a price support mechanism for criminals and terrorists

And yet my anti-price support (it is socialist) anti-terrorist friends on the right are the staunchest friends of prohibition. Maybe it is just another deal like the case of Rep. Mark Souder (R-IN) a staunch champion of abstinence education and traditional family values. Who recently got caught cheating on his wife with a staffer. The staffer Tracy Jackson interviews Souder on a (pulled - and possibly restored) YouTube video.

In the November 2009 abstinence video, Jackson introduces Souder this way: "You've been a longtime advocate for abstinence education and in 2006 you had your staff conduct a report entitled 'Abstinence and its Critics' which discredits many claims purveyed by those who oppose abstinence education."

It has been reported that their get togethers have been going on for four years. Which would mean the affair was ongoing when the video was made. Another case of a "the rules are different for me" politician.

Well back to pot. How is the California initiative polling? By a 56% to 42% margin California voters favor legalizing marijuana. As Officer Wooldridge has told me in one of his weekly e-mails (roughly), "prohibition will be over five years after the first state legalizes." To get his weekly updates contact Howard.

H/T Radley Balko at Instapundit

Cross Posted at Classical Values

Stupid And Incoherent

Esquire Magazine has an interesting article on California's ballot initiative to legalize marijuana in California.

...the president of the California Peace Officer's Association, John Standish. "We just don't think anything good will come of this," he said. "It's not going to better society. It's going to denigrate it."

Later he was quoted again: "We have a hard enough time now with drunk drivers on the road. This is just going to add to the problems — I cannot think of one crime scene I've been to where people said, 'Thank God the person was just under the influence of marijuana.'"

My jaw dropped. That's it? That's the best you've got? For that, thousands of people die every year in the drug war? For that, we arrest more than seven hundred thousand Americans a year? For that, we spend hundreds of billions of dollars on police, prisons, and international eradication efforts?

Besides, I've got two kids. To the point of driving them crazy, I tell them over and over to drive sober and stick to the speed limit. But I would five thousand times rather see them drive stoned than drunk — and I don't believe Mr. Standish could produce a single parent who feels differently.

No doubt we could find a LOT of parents that believe differently. Still, I think parents who have had experience with marijuana in their youth would generally feel that way.

The experience of Portugal (which legalized all drugs) is confounding (at least when it comes to statements about the dangers of legalization.

what happened in Portugal (according to a study by the super-conservative Cato Institute) in the first five years since they legalized all drugs:

"Lifetime use of any illegal drug among seventh through ninth graders fell from 14.1 to 10.6 percent; drug use in older teens also declined. Lifetime heroin use among 16-to-18-year-olds fell from 2.5 to 1.8 percent (although there was a slight increase in marijuana use in that age group). New HIV infections in drug users fell by 17 percent between 1999 and 2003, and deaths related to heroin and similar drugs were cut by more than half. In addition, the number of people on methadone and buprenorphine treatment for drug addiction rose to 14,877 from 6,040, and money saved on enforcement allowed for increased funding of drug-free treatment as well."

Since addiction to drugs is a medical problem (can police cure cancer?) it seems to me that moving resources from police to treatment actually accords to reason.

CPOA spokesman, John Lovell, a pleasant man who also represents the police chiefs' and narcotics officers' associations. These are the arguments he came up with:

"First off, the figure of seven hundred thousand arrested is factually inaccurate — people do not get arrested for simple possession. The most that happens is they're given a citation and release. In California, the penalty for simple possession is $100 fine."

In other words, pot isn't all that illegal, which strikes me as a weird argument for keeping the drug war going full tilt. It also suggests they don't take the stoned driver problem as seriously as their rhetoric suggests.

Well what about drugs in the workplace?

"For sure, it's going to cost every employer more in insurance," he said. "If you look at section 11340C, the only thing an employer can do is address consumption issues of an employee that actually affect their workplace performance — if you're in possession, an employer can't take any action. If you test dirty, the employer can't do anything."

So you can only punish an employee for something that "actually affects his workplace performance" – these are his words, folks. In other words, if a person gets stoned on Saturday night and comes in Monday morning 100 percent sober, there's no way to punish him? And the problem with this is?

The problem with that is that there are a lot of pigs at the trough who will have to get real jobs. The Drug War costs the Federal Government $25 billion a year. It costs the States an equal amount. Most of that money goes into law enforcement. Instead of chasing murderers, rapists, robbers, and thieves police are chasing plants and plant extracts. That is just stupid and as you can see from the above the reasons for continuing on this path are incoherent.

As the author of the Esquire piece says:

This war is lost. The only question now is how much more blood and treasure we're going to waste before we all admit it.

A police officer friend of mine predicts that the Drug War will be over 5 years after the first State legalizes. If the California initiative passes this November (polling is running 56% to 42% in favor) that would mean that by 2015 the Drug War would be over.

Peace Officers

A free country wants Peace Officers. A country run by a criminal gang needs enforcers.

Inspired by this thread on Talk Polywell. Which refers to this post on Power and Control.

The Status Of Crime

Camden, New Jersey has a problem.

For nine months last year, Ron Mills was locked in the Camden County Jail.

For nine months he held firm to his story that the drugs he was charged with possessing didn't exist.

Last month Mills' story was validated when a former Camden police officer admitted in federal court that for more than two years he and four other officers arrested suspects with planted drugs, carried out illegal searches and wrote false arrest reports.

Mills' story, which was detailed by former Patrolman Kevin Parry in court, is now being laid out in one of a growing number of lawsuits planned against the city.

That is the trouble with status crimes. Only a police officer is needed to give evidence. If you are going to falsely accuse some one of robbery you generally need a civilian accomplice who will testify "I wuz robbed". Somewhat more difficult than just planting evidence and making up stories. A tactic often referred to by police as Testilying.

But haven't we heard that story before?

The Rampart scandal refers to widespread corruption in the Community Resources Against Street Hoodlums (or CRASH) anti-gang unit of the Los Angeles Police Department (LAPD) Rampart Division in the late 1990s. More than 70 police officers in the CRASH unit were implicated in misconduct, making it one of the most widespread cases of documented police misconduct in United States history. The convicted offenses include unprovoked shootings, unprovoked beatings, planting of evidence, framing of suspects, stealing and dealing narcotics, bank robbery, perjury, and covering up evidence of these activities.

Those Rampart boys sound a bit excessive. Even for out of control police.

But back to Camden.

In announcing the case dismissals for the first time last month, Camden County Prosecutor Warren Faulk described their extent as "unprecedented in the state of New Jersey."

Cherry Hill attorney Michael Pinsky said in his 46 years as an attorney he has "never seen mass dismissals like this."

But the corruption in Camden isn't completely unique, as rogue officers from Philadelphia to Los Angeles have caused thousands of cases to be dismissed.

In the mid-1990s, a police scandal in Philadelphia's 39th District led to at least eight officers pleading guilty to corruption charges. Hundreds of criminal cases were thrown out by judges and lawsuits against the city tallied at least $4 million in settlements, according to media reports.

Say didn't they have problems like these during alcohol prohibition? Yes they did.

Prohibition also fostered corruption and contempt for law and law enforcement among large segments of the population. Harry Daughtery, attorney general under Warren Harding, accepted bribes from bootleggers. George Remus, a Cincinnati bootlegger, had a thousand salesmen on his payroll, many of them police officers. He estimated that half his receipts went as bribes. Al Capone's Chicago organization reportedly took in $60 million in 1927 and had half the city's police on its payroll.

One of the reasons I think police have a need for prohibition to continue for as much longer as is possible is that there are a lot of ugly things that are going to be uncovered when this rock is lifted.

Cross Posted at Classical Values

Sometimes The Science Is A Crime

An interesting report on bad science in crime labs.

Let us consider something we used to teach our sophomores - lead smelting and refining. Almost all lead occurs as sulfide ores that contain lesser amounts of other metals. Smelting removes the sulfur and refining removes most of minor elements, notably gold, silver and copper. The composition of the refined lead may be easily and inexpensively determined by, for example, spectrographic analysis.

Someone at the FBI decided that if the compositions of two bullets “matched” well enough the two were from the same box of ammunition. Then if the box of ammunition was tied to the defendant, so was the subject bullet.

My reaction to the claim is “HUH?” One crucible of refined lead could make millions of bullets, and the molten lead is not necessarily of uniform composition. A composition match does not prove a darned thing.

This erstwhile expert was clearly working far above his pay grade, but sold the idea to superiors who really should have known better. For the next two decades, thousands of innocent people were convicted on the basis of totally hokum bullet matching. The FBI was the only lab in the country that was using the technique, which should have been a warning that something was wrong.

Finally someone in a high position got the National Academy of Science to address the lead-matching issue. They turned thumbs down and the FBI stopped matching bullets to a particular box.

Recently the Academy performed an extensive study of the nation’s crime labs. Law enforcement agencies resented the intervention of mainstream science in the courts and an arm of the Justice Department tried to block the study. It failed and the resulting report decried the lack of science and the use of shoddy practice.

One thing the labs are really good at is producing convictions because you know - it's science. Good for mystifying the rubes. And you wonder why lawyers don't like engineers and scientists on juries.

Just round up the usual suspects.

Cross Posted at Classical Values

Don't Talk

The speaker in the video is Mr. James Duane, a professor at Regent Law School and a former defense attorney.

Yeah. Don't talk. The Mafia Code of Omerta. Silence. The Video explains why.

Here is Part 2 by a police officer in case you need more reasons.

Which brings up this book:

Three Felonies a Day: How the Feds Target the Innocent

Here is what one reviewer said:

This is a very thoughtful and vigorously argued book about the injustices that arise when prosecutors seek to expand the reach of federal criminal statutes beyond their proper field of application. The author has litigated many of the cases he discusses, and is able to translate the complexities of that experience intelligently and without condescension, but also without all of the unnecessary technical details that lawyers writing for a general audience sometimes get bogged down in. Harvey Silverglate is an institution in his own right: a tireless advocate for civil liberties, prolific writer, and astute student of the law, there are few people who have a stronger commitment to illuminating the practical workings of the criminal justice system and their relationship to broader currents in the law. This is a must-read for those interested in criminal law, civil liberties, and the recent history of the Department of Justice, by a writer who has the courage of his convictions and voices them powerfully and well.

Here is an interview with the author Harvey Silverglate.

BC: Then has the common law tradition been abandoned? Does innocence of intention matter anymore?

Harvey Silverglate: The common law tradition has been essentially abandoned in federal law. Indeed, for a very long time the Supreme Court has ruled that federal law is entirely the product of congressional statutes and administrative regulations, rather than of common law evolution. This presumably was -- in part -- an effort to assure clarity. The law was to mean what Congress wrote and intended, rather than follow the long-standing dictums of common law tradition and interpretation. In theory, this should have produced a body of law with more clarity than the typical state law code.

In practice, despite Morissette's admirable but ultimately failed effort to turn the situation around common law notions were abandoned in the federal criminal justice system and clarity suffered, not to mention the moral content and purpose of the law. Now, people who have done things that most normal folks would not consider a crime, can be sentenced to decades-long stays in federal prison. In truth, any criminal justice system that abandons clarity of obligation and proof of criminal intent has abandoned its moral purpose and hence its legitimacy. And, as my book shows, our federal system of criminal justice has long since lost its legitimacy.

How about that. There is much more.

Ayn Rand explains what it is all about in her novel Atlas Shrugged.

"Did you really think that we want those laws to be observed? We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against . . . We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it. There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted -- and you create a nation of law-breakers -- and then you cash in on guilt. Now that's the system, Mr. Rearden, and once you understand it, you'll be much easier to deal with."

The upshot of all this: Don't Talk to the Police. Ever.

And while you are at it you might want to talk to your Representatives about what has happened to justice in America. And don't even get me started about Testilying in drug cases.

House of Representatives
The Senate

Cross Posted at Classical Values

Tea Parties And The Drug War

Howard Wooldridge, a retired police officer who is against the drug war, had this to say about his experience at the 9/12 March Against Washington (via e-mail).

"Resistance continues to crumble: How conservative does one have to be to board a bus & travel all night to go to a march on Washington on September 12th? The DC fire department estimated the crowd at about 70,000 & I would say it might have gone to 100,000. Regardless, I was there, wearing the shirt & had about 60 ask why. Keeping in mind these were extremely serious conservatives, 80% were agreeing with the COP message of legalize all drugs.

Many more read the shirt and waved or nodded.

For the few that disagreed my standard line was: 'I believe in liberty & keeping the police out of my house.' What do you believe in?'....that tag line was effective in helping the listener understand what principles I stood for.

Love my hat: Attending a monthly conservative breakfast, the gentleman across from me, 10 years my senior, asked what COP stood for. I told him. He replied he had just given a presentation on why all drugs should be legalized & regulated. At the end of the breakfast he invited me to his 'pre 9/12 march' on Washington soiree on one condition; wear the hat.

www.CitizensOpposingProhibition.org

The crowd was definitely a 'grasstops.'..doctors, lawyers & Indian chiefs affaire. For two + hours I chatted with über conservatives from all over the country.wearing my best Stetson. It was an 18 hour day and well worth it."

Howard also documents how opposition in Congress is crumbling.

And the envelope please: Nearly a year ago I reported my excitement, as chairman of the largest caucus (104 members) in the House invited me to a one hour chat. He wanted to drop (introduce) a bill to end federal prohibition of all drugs, starting with cannabis. I was unable to tell you who he was for discretionary reasons. Only senior LEAP staff and Board Members knew.

Roll the drums…Former Congressman and Republican candidate for President Tom Tancredo this week stated for the first time in public the need to legalize drugs, all drugs. Mr. Tancredo and I have been in regular contact the past 12 months, including being on his radio show. I applaud his courage to become a leader on our issue. Though no longer in Congress, he remains the spiritual head of the Congressional Immigration Caucus. I am exploiting this connection.

The Kumbayjah Moment has arrived: I attended a Senate hearing this week. Although the topic was immigration and the borders, the witnesses spent well over half their time on how federal agents are arresting drug smugglers and seizing drugs. The Chairman, Chuck Schumer (D-NY) was focusing his hearing to demonstrate that the borders are now secure enough to allow the Congress to move forward with a comprehensive, immigration bill.

Near the end Senator Hatch (R-UT) stated to all, The War on Drugs has been a failure. Ladies and Gentlemen his admission has become the general tone on the Hill. His sentiments reflect the Zogby poll that 76% of Americans agree the Drug War has been a failure. As I present to staffers, there is a statistical zero pushback on declaring the Drug War a dysfunctional failure. This does not mean we are near the finish line. No. There is a lot more work to be done. Think of the 12-step process for Alcoholics Anonymous. – Hi, my name is Bob and I am an alcoholic: Hi, my name is America and the Drug War is a failure. Eleven steps to go. Kumbayjah.

Out to lunch: As you know, many believe that the Congress and federal employees live in a Lah-Lah Land and have no idea of what the real world (outside the Beltway) is like. This perception was reinforced at the above hearing. A federal police agent reported a great victory as the federal police have seized 13 million dollars (out of a yearly total of some 25 billion) in the past two months going from the US to Mexico. Upon hearing this, I reacted instinctively and made a pddffhh noise that was heard by a few around me, including a newspaper reporter and a former Congressman and hearing witness. After the hearing the reporter and I had a good chat and chuckle. Yes, it was impolite but I was unable to stop myself. Me bad.

Howard is a man after my own heart and says:

Modern Prohibition/The War on Drugs is the most destructive, dysfunctional & immoral domestic policy since slavery and Jim Crow.

H/T Drug Policy Forum of Texas

Cross Posted at Classical Values

The Police Will Be Sticking It To You

In the not too distant future police will be drawing blood from suspect motorists. No consent required.

When police officer Darryll Dowell is on patrol in the southwestern Idaho city of Nampa, he'll pull up at a stoplight and usually start casing the vehicle. Nowadays, his eyes will also focus on the driver's arms, as he tries to search for a plump, bouncy vein.

"I was looking at people's arms and hands, thinking, 'I could draw from that,'" Dowell said.

It's all part of training he and a select cadre of officers in Idaho and Texas have received in recent months to draw blood from those suspected of drunken or drugged driving. The federal program's aim is to determine if blood draws by cops can be an effective tool against drunk drivers and aid in their prosecution.

If the results seem promising after a year or two, the National Highway Traffic Safety Administration will encourage police nationwide to undergo similar training.

I don't think I like this. Police could use the pretext of a traffic stop to torture people with needles. "Confess or we will draw blood."

I want my America back. And this kind of stuff is certainly not the America I grew up in.

Cross Posted at Classical Values

Brain Dead Republican Enhances Party Image

And THIS abomination my friends is why the Republican party is in trouble. Big trouble.

U.S. Rep. Mark Kirk will call for legislation Monday that would toughen drug-trafficking laws regarding a highly potent form of marijuana, with penalties of up to 25 years in prison for a first-time offense.

The law would target offenders who sell or distribute marijuana that has a THC content exceeding 15 percent.

… Drug dealers are increasingly cross-breeding plants to produce high-potency variants of marijuana, which are called “kush” in street slang when they have 20 percent THC, Lake County Sheriff Mark Curran said. “When you amplify the strength of it, you are increasing the harm to the system,” said Curran, who supports the legislation, which would amend a federal law. “They are more dangerous behind the wheel of a vehicle. It’s not a good idea to have people that messed up.”

Well that is a novel approach. You are not held responsible for how intoxicated you are but whether you got that way by serially downing six packs of beer or tumblers of whiskey.

Paul Armentano has some things to say about this. I'm going to start with the second of his points.

2) THC — regardless of potency — is virtually non-toxic to healthy cells or organs, and is incapable of causing a fatal overdose. Currently, doctors may legally prescribe a FDA-approved pill that contains 100 percent THC, and curiously, nobody among Rep. Kirk’s staff or at the Lake County Sheriff’s office seems to be overly concerned about its potential health effects.

3) Survey data gleaned from cannabis consumers in the Netherlands—where users may legally purchase pot of known quality—indicates that most cannabis consumers prefer less potent pot, just as the majority of those who drink alcohol prefer beer or wine rather than 190 proof Everclear or Bacardi 151. When consumers encounter unusually strong varieties of marijuana, they adjust their use accordingly and smoke less.

Of course, if Rep. Kirk (write him here!) was really concerned about potential risks posed by supposedly stronger marijuana, he would support regulating the sale of drug (as opposed to jailing first-time pot sellers for a quarter of a century) so that its potency would be consistent and this information would be publicly displayed to the consumer. This same advice applies to the members of the Lake County Sheriff’s Department and the Waukegan Police Department — who claim “we don’t make the laws; we just enforce them” — yet seem to have no problem whatsoever lobbying for increased federal pot penalties while on company time.

And this my friends is exactly what is wrong with the Republican party. The handwriting is on the wall relative to marijuana and the Dumb Republicans can't read it. I do know how it is with policies and parties though. It is like a real marriage. 'Til death do us part. Or defeat in an election. Whichever comes first.

H/T Drug Policy Forum of Texas

Cross Posted at Classical Values

Second City Cop

A very interesting blog by some one who purports to be a Chicago police officer.

Second City Cop

The comments are especially good.

Cross Posted at Classical Values

Testing

Did you know that your soap can test positive for contraband by some field drug test kits?

Don Bolles, drummer for the legendary punk band the Germs, was going to an Alcoholics Anonymous meeting with his girlfriend, 21-year-old Cat Scandal, after picking her up for "a day off" from drug rehab, on April 4, when they were pulled over in a traffic stop by Newport Beach Police. During a search of the vehicle -- to which Bolles unwisely consented -- police found a bottle of peppermint Dr. Bronner's Magic Soap. According to a police field drug test, the soap contained GHB (gamma hydroxyl butyrate), a so-called date rape drug illegal under state and federal law.

It turns out that the police gave Bolles a tour of Orange County jails before releasing him after 3 1/2 days in the system. A better test verified no drugs in the soap. All charges were dropped.

The field test was performed by a kit manufactured by Armor Forensics/ODV called the Narcopouch 928. Armor Forensics/ODV did not respond to calls from the Chronicle about the false positives reported by its product. One man at ODV who refused to identify himself said only that he could not comment because of possible legal action.

The Drug and Alcohol Testing Industry Association did not respond to Chronicle queries about accuracy standards within the industry. In the group's defense, however, it should be noted that they were all out of the office this week attending a national drug testing industry convention.

The Newport Beach Police Department did not respond to calls from the Chronicle about the accuracy of the GHB field test.

There are no standards for field drug tests.

"The testing of substances for drugs is basically unregulated," Kevin Zeese, a prominent long-time drug reformer and political activist with expertise in the intersection of law and drug testing. "If it were the feds, the DEA would set the standards, but at the local level, it's state and local police who make the decisions. This all takes place within the criminal justice system; there is no regulation by the FDA or any other agency apart from law enforcement agencies," he told the Chronicle.

"There have been lots of cases of these sorts of tests not being accurate and causing problems, so this is not surprising," said Zeese. "Now, the local police are going to have to do something to correct their standards so they don't falsely accuse people. If they don't, this kind of thing ends up being regulated by the courts."

It is not just Dr. Bronners.

At least four other soaps have resulted in false positives in the Narcopouch 928 GHB test kit, including Neutrogena and Tom's of Maine. "We are testing more products and videotaping those tests. Products from Johnson & Johnson and Palmolive are testing positive, so we'll go to the Cosmetics, Toiletries and Fragrances Association, show them these products are testing positive, and then work through them to explore options for addressing the situation with these field drug test kits. Ideally, we could force a product recall, but we need at least a disclaimer if this product is going to continue to be sold. If they don't know soap tests positive, what else don't they know?"

Evidently the IVth Amendment no longer means what it used to. A series of excessive searches for contraband caused the founders to enact the prohibition against unreasonable searches. Why does that sound familiar? We now have a drug war contraband exception to the IVth Amendment.

Cross Posted at Classical Values and at The Astute Bloggers

Origins of the Fourth Amendment

This article was originally published in a number of places in May of 2001. It is still relevant so I'm republishing it here.

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I'd like to talk today a little about the origins and meaning of the Fourth Amendment. First off what is the Fourth Amendment?

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The meaning seems clear but I think it will become clearer if we look a little deeper into American history. The first point is that John Hancock before he became a signer of the Declaration of Independence was a smuggler. He had a famous run in with Crown officers in 1768 when his sloop the Liberty refused to pay the tax on some Madeira wine.

Now we know that there was strong sentiment in some corners of 18th century America in favor of smugglers. And we know that the people were continually harassed with open warrants and general searches. Revenue officers could target people on the merest suspicion or target their enemies with no cause whatever. Often there would be dragnets where the usual suspects would be rounded up for interrogations and searches. All in the name of collecting taxes and controlling contraband.

Now let us look at modern day America and the rights the Supreme court has declared we have left as opposed to those the founders gave us.

Where are we? The Drug War exception to the Fourth Amendment couldn't be larger. And let us be clear about this. The drugs for the most part are smuggled goods. So lets start with the biggest hole the drug profile or indicators as the police like to say these days. What do the police need to start a drug case against you? Do they have to see you with the drugs? Do they need to see you exchange money for drugs? No. You just need to 'look' like someone who in the opinion of the officer might do those things. You need only fit a profile or match a few indicators.

Lets look at a few of these specific indicators when it comes to the vehicle you are driving and get an idea of how specific they are:

Exterior Indicators to look for:

1. Large or late model cars with large trunks - GM most popular. a. Intermediate size also used. b. Occasionally a smaller car will be involved. 2. Older car in top running condition. 3. Vans and pickup trucks with camper tops also commonly used.

So now that the drug courier vehicle type is so clearly defined ( just about any car on the road ). Lets see what kind of driver they are looking for.

12. Driving habits often result in the courier being stopped for a routine violation a. Speeding up and slowing down b. Scrupulous obedience to traffic laws - overly cautious c. Erratic driving due to drug or alcohol use d. Many drive straight through and take drugs to stay awake e. Take a long time to pull over

So following the law or not following the law are grounds for a drug search. That sure gives you a lot of choices.

If you want to know more about how to avoid attracting unnecessary suspicion may I suggest you visit Drug Courier Profile Indicators

And the site that alerted me to the above site.

So from the above examples we see what is happening is that the limits on government are being eliminated to solve a smuggling problem. The very problem the writers of the Fourth Amendment experienced in their own lives and therefore anticipated.

If you should meet any of the so-called Supreme Court strict constructionists who have weakened the Fourth Amendment in their zeal to collect contraband tell them they are in error.

Tell them to read about John Hancock and the sloop Liberty.

Update: 25 October 2009 1207z

Here is a list of books that touch on the Drug War and the Fourth Amendment:

The Drug War and The Fourth Amendment

Cross Posted at Classical Values

Police and PTSD

All too many police officers are victims of Post Traumatic Stress Disorder. PTSD. This disorder is a response to traumatic stress. Seeing victims of violence. Having to kill some one in the line of duty. Being hurt in the line of duty. Seeing the death of a child.

This disorder was first identified as "shell shock" and soldiers were it's first identified victims. As time has gone on and further work has been done in the field; we have learned more. In the aftermath of the Viet Nam War we learned more about "shell shock" and stated calling it PTSD. With more research we found that soldiers were not it's only victims. We found out that police and firemen also "got" PTSD. Then we found that victims of severe child abuse and childhood sexual assault also got PTSD.

Now we know even more. The drunken cop who abuses his wife is a regular stereotype. Drinking alcohol to numb the pain and taking your pain out on those close to you are two recognized symptoms of PTSD. Alcoholism may not be a "disease" but a response to pain.

In fact we now know even more. Police in some jurisdictions are being trained to look for signs of PTSD in the populace they police in order to better help keep the peace. Some markers that stand out in children are abuse of legal and illegal drugs. Cocaine. Alcohol. Heroin. Pot.

The Western New York Rural Mental Health Partnership advises police that " 'self medication' with alcohol or illegal drugs is a common complication found in adolescents with mental health problems."

The Massachusetts Department of Mental Health says "Youths who suffer from PTSD frequently use alcohol or other drugs to 'self-medicate' in an attempt to dull painful memories or psychological torment."

Police in the above mentioned jurisdictions are given booklets with the above guidelines in them. The only thing left out of the guides is that what afflicts children can also afflict adults. In fact not even the police are immune.

Just as we should have compassion for children with PTSD problems so we should also have compassion for the police and all other adults whose pain is still all too real. Running a steam roller over those already hit by a truck does not live up to the American ideal of justice or compassion.

An online health guide to PTSD advises:

"It is important to be gentle on yourself and to give yourself time to heal."

Just as it is true of the individual so it also ought to be true of society in general. Once we see that what we have been doing for so long is inappropriate we will need to change our behavior at once. After changing our ways we are also going to need time to heal. Because hurting those who didn't deserve it is a stressor. And stress can lead to PTSD.