Arrests

I wrote about the Will Foster case in the Chronicle last week. Here's a brief summary: Foster had a small medical marijuana garden in Tulsa that was raided in 2005. Two years later, he was sentenced to an insane 93 YEARS in prison. Only after a publicity campaign in which DRCNet played a vital role was he resentenced to merely 20 years, and after being twice denied parole, he was paroled to California. Although Oklahoma thought Foster should be on parole until 2011, California decided he didn't need any more state supervision and released him from parole after three years. That wasn't punitive enough for Oklahoma. Although Foster had left the Bible Belt state behind with no intention of ever returning, Oklahoma parole officials issued a parole violation warrant for his extradition to serve out the remainder of his sentence. When Foster had to show ID in a police encounter, the warrant popped up, and he was jailed. Desperate, Foster filed a writ of habeas corpus and won! A California judge ruled the warrant invalid, and Foster was a free man again. But not for long. It's thirst for vengeance still unslaked, the state of Oklahoma issued yet another parole violation warrant for Foster's extradition because he refused to agree to an extension of his parole to 2015--four years past the original Oklahoma parole date. Then he got raided in California, thanks to bad information from an informant with an axe to grind. Foster had a legal medical marijuana grow, but it took a hard-headed Sonoma County prosecutor more than a year to drop charges, and Foster has been jailed the whole time. Now that the charges have been dropped, Foster still isn't free because Oklahoma still wants him back. Extradition warrants have been signed by the governors of both states, and he was days away from being extradited in shackles when he filed a new habeas writ this week. Filing the writ will stop him from being sent back to Oklahoma, but it also means he's stuck in jail for the foreseeable future. The writ is a legal strategy; his real best hope is to get one of those governors to rescind the extradition order. You can help. Click on this link to find out how to write the governors. I think a campaign of letters to the editor of Oklahoma papers might help, too. Those letters might ask why Oklahoma wants to continue to spend valuable tax dollars to persecute a harmless man whose only crime was to try to get some relief for his ailments--and who has no intention of ever returning there. ...So, anyway, I went to see Will at the Sonoma County Jail Saturday night. But I didn't get in. The steel-toes in my footwear set off the metal detector, and I quickly found out such apparel was a security risk. Who knew? I'll go back later this week. I guess I'll wear sandals. In the meantime, there are letters waiting to be written. Keyboard commandos, saddle up!

Law enforcement likes to argue that it needs to resort to heavy-handed tactics such as SWAT-style raids and no-knock warrants because drug law enforcement is just so darned dangerous. You know the spiel: "We're outgunned and up against crazed drug dealers, so we need to come on like gangbusters for our own safety." But I'm in the process of reviewing police deaths in the drug war since the beginning of 2008 for a Chronicle article that will appear Friday, and so far, I've only found two officers who were killed in drug raids during this time. I'm using the Officer Down Memorial Page and the National Law Enforcement Memorial data bases and I still have to dig a little deeper into the numbers and the discrepancies between the two, but so far, it doesn't appear that enforcing the nation's drug laws is that dangerous for police. For civilians, it is perhaps a different story. Nobody's keeping a data base of citizens killed by the police, let alone those killed by police enforcing the drug laws, although I have a few ideas on where to come up with some figures, or at least some especially horrendous cases. I'll be looking into that, as well. I'll be talking to as many cops, criminologists, and other interested parties as I can, but at this point, it seems that it is going to be hard to justify the overwhelming use of force typical of police drug raids. As much as they would like to think they are, cops are not US military Special Forces units, and drug law violators are not terrorist fugitives. Look for the story on Friday.

This is simply jawdropping:



The results of the study are available in the MPP-funded report False Positives Equal False Justice.

This research has quite far-reaching implications when you consider the massive number of drug arrests performed each year based on the results of these inaccurate field tests. With nearly a million marijuana arrests in the U.S. every year, the number of people convicted of marijuana possession who never actually had marijuana is certainly much larger than zero. I'd also like to know what other countries use these tests and what procedures exist to confirm the results before suspects are charged and sentenced.

It's a powerfully disturbing development and yet another reminder that nothing in the war on drugs is what it seems. When you pull back the curtain, every stage in the drug prohibition process is exposed as utterly fraudulent and perverted. Literally nothing that happens in the war on drugs is reliably correct.

I wouldn't have though it possible…but if we can't even trust police to accurately identify the drugs they're arresting people for, the drug war is somehow even more shockingly stupid and unfair than I thought.

Via DrugWarRant:

ERWIN, Tenn. -- A man was been arrested after police said he used counterfeit money to purchase fake OxyContin pills from an undercover officer.

Unicoi County Sheriff's deputies arrested a 21-year-old man on Tuesday and charged him with criminal conspiracy with schedule II drugs, forgery and criminal simulation. [Pantagraph.com]

It's almost funny, except the part where this poor bastard goes to jail for some drugs that never even existed.

Yesterday, we learned that eight people have been arrested in the aftermath of the Michael Phelps bong photo and the infamous bong itself has been captured and taken into custody. As new details emerge, it’s becoming increasingly clear that there really is a serious campaign underway to prosecute Michael Phelps:

The effort to prosecute Phelps on what would be at most a minor drug charge seem extreme compared to similar cases, lawyers said, and have led some to question whether the sheriff is being overzealous because he's dealing with a celebrity.
…
The investigators appear to be trying to build a case against Phelps from others — a tactic normally used to bring down drug dealers with a large amounts of cocaine or methamphetamine, not someone who smoked marijuana five months ago, said Chip Price, a Greenville attorney who has dealt with drug cases for 33 years. [AP]

There’s not much left to say about this that I haven’t said already, so I’ll say it again: Sheriff Leon Lott and his henchmen are unhinged drug war lunatics wielding their unchecked powers as arbitrarily and embarrassingly as humanly possible.

To my knowledge, next to no one on the planet supports this ridiculous crusade. So I can only hope that this very visible example of vindictive marijuana enforcement serves to focus public attention on the often pathetic behavior of our supposedly heroic drug war soldiers. Just look at them. Look at what they are doing. And remember that this episode is hardly the first or only time the drug warriors have allowed childish and obsessive pursuits to triumph over the public interest.

If they think destroying Michael Phelps is a good idea, imagine all the other wretched crap they’ve done that you don’t even know about.

The New York Post has a horrible story alleging that NYPD officers sodomized a marijuana suspect with a walkie talkie. Sounds pretty bad, but I should note that former cop and current LEAP member Peter Moskos has doubts about the accuracy of the reports.

Even if that story turns out to be false, this one is very true.

If anything resembling success ever happens in the drug war, this would be it:

TIJUANA, Mexico (Reuters) — Mexican security forces have arrested the drug cartel leader Eduardo Arellano Félix, one of the international traffickers most sought by the United States, after a shootout in this border city, the government said Sunday.
…
The police arrested Mr. Arellano Félix on Saturday after they chased his car to a three-story home in an upscale neighborhood, according to federal police officials in Tijuana. A three-hour gun battle with more than 100 police officers and soldiers ensued, leaving the home riddled with bullet holes.

The United States indicted Mr. Arellano Félix in 2003 on drug-smuggling and money-laundering charges and had offered a reward of up to $5 million for his capture. [NYT]

In the midst of an unprecedented economic crisis, we'll still shell out $5 million for a trivial symbolic victory in the war on drugs. Everything returns to normal tomorrow. The drugs keep flowing, the bullets keep flying, and our generous reward money will help pay for it. Who do you think it was that gave up Eduardo Arellano Félix? Who has that kind of information? You can bet we'll never find out, but I'd give 10 -1 odds it's one of his own people, who now gets a promotion plus a hefty reward, all while making sure the cocaine train never falls a minute behind schedule.

Even in its finest hour, the drug war is nothing but a predictably mindless ritual.

Watch this video of Mount Juliet, TN police officer Bill Cosby choking a marijuana suspect into unconsciousness during a traffic stop.

Officer Cosby apparently believed the suspect was trying to swallow marijuana, however nothing was found in his mouth and he subsequently passed a drug test, proving that he didn’t eat it. He just never had marijuana in his mouth. The video is so disturbing, a local judge refused to hear future cases brought by Cosby and the police chief had no choice but to fire him.

So you’d think that gratuitous police violence against a non-violent marijuana suspect would find no apologists. You’d hope that other officers would be universally disgusted by Officer Cosby’s deplorable example and support his dismissal. And you’d be wrong. I reviewed a comment thread on the case at PoliceOne.com and found that many officers believe choking non-violent marijuana suspects is necessary and even commendable:

The charges for the suspect should be reinstated and the officer should be commended for doing his job in a professional manner.
...
This is ridiculous. The officer did nothing wrong and a judge, prosecutor and chief are looking to hang him. It's no wonder we're losing cops by the dozens. Who wants to put their butt on the line when no one appreciates the job you do.
...
After viewing the video, the officer is not out of control or doing anything that isn't called for.

These comments imply that you could somehow die from eating marijuana:

The officer probably didn't want the guy to die over something as stupid as swallowing some dope.
...
Another Police Officer abandoned by his department because of fear of legal action from a criminal. Of course had he swallowed it and then died the family would have sued because the Police didnt choke it out of him.
...
I hope the Officer is cleared and gets a job at a real department. Also let the bad guys swallow the dope. With luck he will croak and save court costs.

This one admits that the choking appears malicious…then wishes the officer well.

That appears to be choking. The fact that it was called a vascular restraint makes it appear as "creative report writing." I pray for Cosby that he makes it through this experience.

This one recommends turning off your camera:

It has become an awareness to me that these dashcams are causing good cops to get into trouble or fired, so boys turn the damn things off.

This one endorses choking and stomping suspects, as long as they're out of the camera frame:

Hey brother...choke the asshole out if you are so inclined...stand on his trachea if you want...but how about bringing him to the back of your RMP [squad car]? Could you actually think that was something to get on film? Did you forget about the camera?

All of this really speaks for itself. To be fair, some comments were more reasonable, but the overall tone was that the officer shouldn’t have been disciplined. That is what real police officers believe, up to and including some of the violent and scary sentiments outlined above.

It is really just remarkable to imagine that those who would jettison any accountability for their own violent actions remain steadfast in their insistence that people who use marijuana for fun are dangerous thugs who deserve no mercy. That is the gaping chasm that often separates law enforcement’s self-imposed moral standards from those they apply to everyone else. It is a perfectly horrifying thing to behold, more so when one realizes that no effort was even made to conceal these vile sentiments from the public they serve.

Update: Chokings, mistakes, and misconduct aside, the fact that people commonly panic and eat their stash at the sight of police is troubling, isn't it? This needs to stop and I might be the only person who's taken this issue on, by writing Why You Shouldn't Try to Eat Your Marijuana If You're Pulled Over. Unfortunately, more dangerous drugs carry harsher sentences and a greater incentive for desperate people to risk an overdose rather than face prison time. Police use this as an excuse to choke us, but it's actually an exhibit in the absurdity of our drug policy.

George Michael’s latest drug arrest has reduced Ross Clark at The Times Online to a sputtering mess. In an embarrassing editorial entitled It's just as wrong to use drugs as it is to sell them, Clark compares drug use to child pornography and calls for casual users to serve long sentences:

With stolen goods, illegal weapons and child pornography, the law is clear: the user is as guilty as the supplier. The police didn't let Gary Glitter off with a little rap on the knuckles and the rest of us didn't shake our heads and say: “Poor Gary, how sad that he has fallen victim to these evil porn dealers.”

He was prosecuted, quite rightly, on the basis that those who provide the market for child porn are implicated in its production. So why then do such different attitudes persist in the case of drugs? If it is wrong to produce and trade drugs, then it is equally wrong to use them.

Clark goes on explain that drug addiction doesn’t happen to intelligent people:

…Among drug users and drug peddlers alike, there are, of course, sometimes mitigating circumstances. If you have been brought up by drug addicts, beaten and abused, it shouldn't come as too much of a surprise if you grow up with a somewhat confused sense of right and wrong.

But none of this applies to George Michael, who is intelligent enough to know that taking crack is not just an issue of personal liberty: there is a clear association between use of the drug and propensity to commit violent crime. If caught with illegal drugs he should be treated to no less a punishment than if he had smuggled them into the country and sold them on the streets.

Dude, chill out. No one wants to spend $250,000 imprisoning a guy for $20 worth of dope. I’m sure you had fun writing this, but do you actually agree with your own idea? Did you know that it costs money to keep people in jail? If you hate drug users so much, do you really want to pay for all their food and clothes and healthcare for 10 years every time we catch one? No you don’t, so shut up before we lock George Michael in your pantry and make you take care him forever.

Total pandemonium broke out this week after a young man doing community service delivered cookies to police and they became convinced he tried to drug them with LSD and marijuana.

They said the basket smelled like pot and the cookies initially tested positive for LSD. Now it's become clear the cookies were just, well, regular cookies, but not before throwing the young man in jail on $75,000 bond and creating a media circus.

Lesson learned: don't feed the cops. Everything smells like drugs to them.