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Lunatic Easily Convinces Police He's a Federal Drug Agent
Busts began. Houses were ransacked. People, in handcuffs on their front lawns, named names. To some, like Mayor Otis Schulte, who considers the county around Gerald, population 1,171, âa meth capital of the United States,â the drug scourge seemed to be fading at last.
Those whose homes were searched, though, grumbled about a peculiar change in what they understood, from television mainly, to be the law.
They said the agent, a man some had come to know as âSergeant Bill,â boasted that he did not need search warrants to enter their homes because he worked for the federal government.
â¦
Sergeant Bill, it turned out, was no federal agent, but Bill A. Jakob, an unemployed former trucking company owner, a former security guard, a former wedding-performing minister, a former small-town cop from 23 miles down the road. [New York Times]
The whole thing provides yet another exhibit in the colossal incompetence that has become so routine and predictable in the war on drugs. If some nutjob showed up at the fire department with a badge and an axe, they'd tell him to hit the road. They wouldn't follow him in and out of burning buildings.
It is precisely because of the massive multi-tiered drug war bureaucracy that his psychotic scheme seemed somehow plausible to everyone. Drug enforcement is the one occupation so lacking in accountability, so consumed by macho tough-guy posturing, that some maniac can just walk through the door and fit right in. It's a match made in hell.
And it wasn't even the cops who figured out he was an imposter. It was a reporter, months into this mindboggling hoax. Even when he recklessly and routinely violated suspects' constitutional rights, the police who followed him around never thought anything of it. That's how easy it is. His flagrantly illegal and incompetent behavior actually made them think he was real.
That this even happened is a potent testament to the fact that drug enforcement in America is thoroughly rotten and diseased to its core. If you see vultures circling around something, you know it is not healthy.
Mexico's Drug War is Killing Innocent People
The soldiers had apparently panicked at the speeding Hummer and attacked it from two sides, killing both the civilians and their own troops in the cross fire.
"These soldiers are idiots. What protection do they give us?" Maldonado asked, staring at the dirt road where the killings had taken place. "They should get out of our communities and back to their barracks."
The debacle in Santiago in Sinaloa state, a stronghold of drug traffickers, is one of a series of blunders by Mexican soldiers waging a bloody campaign against narcotics cartels â a crackdown that the U.S. Congress is looking at supporting with up to $1.6 billion. Since President Felipe Calderon took office in December 2006 and sent out 25,000 troops to take on the mafias, soldiers have killed at least 13 unarmed civilians. In the latest incident this month, soldiers shot dead two men speeding through a checkpoint in Chihuahua state along with another motorist who was unfortunate enough to be driving behind them. The public was also shocked when troops shot dead two women and three children traveling to a funeral in Sinaloa in 2007. [Time]
Amazingly, Drug Czar John Walters boasted yesterday that Mexico's drug war will "protect human rights," even though he personally opposed requiring Mexican authorities to uphold human rights standards.
As frustrating as it is to consider that we're subsidizing the killing of innocent people across Mexico, let's not forget that it's happening here, too.
We Support NYPD's Plan to Use Written Consent Forms
The New York City Police Department wants suspects to sign a consent form before searching their homes or cars, a move that eliminates the need for a warrant and is meant to provide police a layer of legal protection, Newsday has learned.
The initiative was put in place because consent searches are often challenged at trial - and jurors too often believe the suspect's claim that police never got permission to conduct the search, police sources said.
At the same time, sources said, there has been concern within the NYPD about a handful of cases in which an officer's truthfulness was recently called into question. [Newsday]
Written consent policies are a win-win situation for police and the public. When consent is given in writing, police have an easier time demonstrating in court that consent was given voluntarily. Since evidence seized during a consent search is almost always legally admissible, defendants challenging such evidence must argue that consent was given involuntarily or not at all. As a result, police spend a considerable amount of time in court defending the manner in which consent was obtained. A written form goes a long way towards resolving such conflicts.
For the citizen, written consent provides a quick reminder that permitting searches is optional, while simultaneously creating an added layer of protection in disputes over whether consent was given voluntarily. The form will go a long way towards resolving widespread concerns about police erroneously claiming to have received consent before conducting a search.
Finally, there's an additional important point illustrated here. As Newsday reports, "jurors too often believe the suspect's claim that police never got permission to conduct the search, police sources said." For anyone questioning the viability of refusing consent during a police encounter, this should go a long way towards explaining how asserting 4th Amendment rights can help citizens achieve a more desirable outcome. It serves as a helpful reminder that, even if police violate your rights and search despite your refusal, any evidence they discover can be effectively challenged in court. Obviously, this is a frequent occurrence if NYPD cites such outcomes as a reason for moving towards a written consent policy.
Given the significance of the citizen's decision whether or not to permit police to look through his/her belongings, a written form is just the obvious, common sense approach to establishing whether consent was given.
Update: Pete Guither at DrugWarRant has a good post discussing the NYPD policy and explaining why it is never in the citizen's interest to consent to a police search.