Fourth Amendment alive and crawling in front of my house

Living on West Market Street in Bloomington, Illinois, I’m used to seeing a lot of traffic stops. I don’t know if I saw this one, but it’s nice to know that there’s a judge in my area who believes that the Fourth Amendment still is important.

[redacted], was arrested following a traffic stop Feb. 8 on West Market Street. Court records say [redacted] car did not have a functioning light over the rear license plate.
After stopping him, Bloomington police patted him down and found 4.6 grams of marijuana in a plastic bag in one of his pockets, according to court documents. A subsequent search found 10 pounds of marijuana in the trunk of his car.
He was charged with unlawful possession of marijuana and unlawful possession of marijuana with intent to deliver the drug, according to court documents.
“The judge found that the officers discovered the drugs following a search, which was not justified,” said Assistant Public Defender Brian McEldowney. “They did a pat-down search, and the judge found there was no basis for that.”

Of course, such a story is always bound to bring out commenters who complain about a criminal getting off on a technicality, but as always they miss the point — this is about the rule of law, about our rights as Americans, as free citizens, not about technicalities.

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Thanksgiving

“bullet” Also at the Drug Czar’s “blog,” comes this bit of Thanksgiving advice

The good news is that the holiday season often provides us with quality family time and opportunities to talk to young people about the dangers of drugs.

I agree! And they even say: “Give honest answers.” Absolutely! So I’d pass on the false information in their links.
Instead, try Safety First: A Reality-Based Approach to Teens, Drugs, and Drug Education
“bullet” And kids — Thanksgiving is also a good time to educate your parents on the dangers of the drug war. Take a moment to sit down with them and share what you’ve learned. Tell them that drug policy reform is about getting the profits out of the black market and putting criminals out of work. Tell them that prohibition does not stop drug use, but instead fosters violence. Tell them that their tax dollars are going toward making the U.S. the most-incarcerated country on the planet (with 5% of the world’s population and 25% of the world’s prison population). And that prohibition does absolutely nothing to help those with drug problems. Tell them that cops and religious leaders want a change, too.
And you older kids… you know who you are… the ones who are grown up and still won’t talk to their parents and friends about the drug war… Stop being afraid to talk about it!
“bullet” The rest of you — if you’re one of the lucky ones without a family member in jail for hurting nobody, take a moment to be thankful. And read a thanksgiving story from a few years ago.

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Drug Czar funds grandma-killing?

So is the staff of the ONDCP daft, stupid, or just plain incompetent?
How else do you explain the fact that

  1. On Wednesday, the Drug Czar’s “blog” brags that
  2. On Monday, the Drug Czar presented a check for $1.1 million to the High Intensity Drug Trafficking Area program in the Atlanta area, where
  3. On Tuesday, a drug raid ended with a 92-year-old lady shot to death, about which everyone is talking.

Do they not have the capability of… literacy?

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Katherine Johnston, 92, Drug War Victim

It just never stops

ATLANTA — Three Atlanta police officers were shot and wounded and an elderly woman killed at a house in northwest Atlanta Tuesday night.

The woman, who relatives say was 92-years-old, opened fire on the officers from the narcotics division at a house at 933 Neal Street, according to officials. Authorities say they received a tip of drug activity taking place at the home and officers were headed to the house with a search warrant.

Relatives identified the elderly woman as Katherine Johnston.

The woman’s niece, Sarah Dozier, says that she bought her aunt a gun to protect herself and that her aunt had a permit for the gun. Relatives believe Johnston was frightened by the officers and opened fire.

“They kicked her door down talking about drugs, there’s no drugs in that house. And they realize now, they’ve got the wrong house,” Dozier said. “I’m mad as hell.” Officials say they had the correct house and that the warrant they had was legal.

No politicians were harmed in the gunfire.

More here and here, and here, and a discussion here.

[Thanks, Zundfolge]

Update: More at TalkLeft, and Radley caught the Press Conference.

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Taking it to the next step?

Phillip Smith suggests a somewhat daring notion:

a direction action protest to surround and shut down DEA headquarters in suburban Arlington, Virginia. …
Isn’t it about time to take concrete action against these latter day buccaneers? My activist friend suggested a national mobilization designed to bring thousands of people to DC to literally shut it down by blockading the entrances of DEA headquarters. Now, of course, such an action wouldn’t actually disrupt the agency’s business for more than a short period of time, but it would disrupt it. I’m for that. Personally, I’m tired of protest actions that don’t actually do anything. …
I, for one, would rather take the fight to their house than have them take the fight to my house.

A picture named dea.jpg

An intriguing idea. Certainly the notion of protesting at the DEA is not new — medical marijuana activists have organized numerous protests at DEA offices around the country, with some success in getting media attention.
The small protest that we organized through this blog at the DEA exhibit at the Museum of Science and Industry in Chicago generated a Washington Post article and a Chicago Tribune feature.
Now imagine that we take all the various interests in the drug war, for whom the DEA represents destruction of American principles — medical marijuana, civil liberties, foreign policy, and more… and bring them together at the DEA headquarters.
The potential benefits

  • Reaching more Americans with the message that drug policy reform is important.
  • Making the media deal with drug policy reformers without laughing.
  • Giving politicians cover to do something.
  • Giving drug policy reformers a morale boost.

What do you think? Is it worth joining together with a bunch of organizations, raising the money and doing it right? Will people come? Not 12 or 20, or 100, but thousands willing to commit civil disobedience?

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Open Thread

“bullet” In the Detroit News: Subject drug war to the Iraq War test by Nolan Finley

Yet while it only took three years for the American people to lose patience with the Iraq War, the drug war has been dragging on virtually unchallenged for three decades.

Given the cost, it’s baffling that taxpayers haven’t demanded more accountability. State and federal drug fighting efforts cost roughly $1 billion a week.

Here’s the return on that money: Zero.

“bullet” At Huffington Post: Time for Exit Strategy for Unwinnable Drug War by Tony Newman

It is time to encourage treatment providers, public health officials, law enforcement, drug users, educators, elected officials and others to come together and help us find ways to reduce the harms of both drug abuse and drug prohibition. We need to heal from this war on our fellow citizens.

“bullet” Via TalkLeft an editorial in the Houston Chronicle Smarter on crime: It’s time for Harris County to heed the message of a tough-on-crime judge about handling of drug cases.

…the ill effects on a community of committing huge numbers of prospectless drug addicts to lengthy jail sentences and felony records without dealing with their underlying drug dependence are well-documented and long-term. And those ill effects are suffered by everyone in this county.

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I forgot where I left my cheese.

I’m not sure what the Drug Czar’s “blog” is trying to say with this minimalist post:

Marijuana and Memory Loss
Here’s the latest science (from Scientific American).

It’s an article about the fact that marijuana can affect short-term memory.
Well… duh!
Scientific American reports

…rats that had been trained to follow a specific series of turns to get water–and did fine on the test before being intravenously injected with the drug–found themselves wandering in a daze under its influence…

Did anyone talk with the rats to actually see what they were experiencing? Maybe they were enjoying it. Maybe the rat was thinking “Dude. Look at the wall of this maze. I never realized how… grey it was before.” And is really such a bad thing that the rat decided not to mindlessly follow the same soulless path he was forced to repeat time and time again by the authorities? Is this a problem or a benefit?
To give the rats higher doses, they injected cannabinoids directly into the brains.
The one point in the article that was written with ominous tones was:

But the research also reveals that at the highest doses of synthetic cannabinoid, the rats failed to discover the right sequence of turns altogether. In other words, there may be a threshold level of the drug that entirely prohibits learning, and that is something worth remembering very clearly

That’s right — when you’re stoned (or at least when you’ve been injected in the brain with pot) — you may have trouble learning things. Again, we say, “well, duh!” Everybody knows that you should read the instructions to Chutes and Ladders before you get stoned (or just make up your own as you go).
Yes, pot affects your consciousness. That’s a feature.
And if the studies about pot and Alzheimers are true, then the pot smokers will have the last laugh as they help John Walters remember his own name in the retirement home.

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I want a Silver Star, too!

Link
So, if I break into a woman’s house, fully armed and armored, and then shoot her in her nightgown in her bedroom — three times to make sure she’s dead — do you think I could get one of those nifty awards for bravery?

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Open Thread

“bullet” Welcome to the SSDP folks who participated in the Elevator Arguments workshop. Feel free to introduce yourself in comments. And let us know (or email me) if you have any questions about material for your concise speeches. There is some useful information at my FAQ page.
“bullet” I’ve added a blog to the list — The Social History of Alcohol and Drugs. It’s a different kind of blog — one that is more a comprehensive repository of useful information, both current and historical.
“bullet” Via Jamie Spencer: Want to win the War on Drugs? Just change the definition of “winning” —

The war against drugs in Houston is heating up. It’s a war some believe we are losing, but a war we can’t afford to lose said Captain Steve Smith with HPD Narcotics. “As long as we are fighting it then we are winning. And as long as you adapt to that and understand that, then you never think that law enforcement is losing the battle.”

“bullet” No surprise:

  1. We send lots of money to Colombia to supposedly fight a drug war.
  2. The government of President Alvaro Uribe is being shaken by its most serious political crisis yet, as details emerge about members of Congress who collaborated with right-wing death squads to spread terror and exert political control across Colombia’s Caribbean coast.

That’s right. We paid for it.
“bullet” Trailer park feminist does a nice take-down of the ONDCP’s “I’m above the influence” ad campaign.

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More on the conference

Today was a day of activism workshops — including the panel I was on with David Guard and Doug McVay. Our panel was a blast — great fun and a huge turnout of really bright students with tons of good stuff to contribute. We could have gone for another hour easily.
After the session, I was talking to a couple of the students out in the atrium and we got into this great discussion (they were really interested in learning), and there was this guy who joined in who seemed to really be on top of things. Every subject we touched on, he had tons of useful information. By this point, I’m really getting a kick about this, but I’m also getting curious — I’ve been meeting all these drug policy professionals, could this be another one I didn’t know? (there was no name tag)
Well, it turns out it was one of the Drug WarRant crew who took time out of his life to come to the Georgetown Law Center, find me, and say hello. That made my day. Thanks!

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