HELP BUILD THE MOVEMENT: If you are interested in accelerating the growth
of the reform movement, and if you like to talk to people, DRCNet needs
your help. Are there events coming up in your area this summer? Can you
get a table at this event, or would you be willing to spend a couple of
hours carrying a clip-board? If so, please let us know and we will send
you some email sign-up sheets and brochures. Just tell people about our
free e-zine and legislative alerts, and urge them to become part of the
solution. It's a great way to get out and talk to people about the issue.
You'll be surprised at how many of them already agree with us, but just
didn't know how to make their voices heard.
SPECIAL OFFERS FOR NEW YORK AND TEXAS SUBSCRIBERS: In partnership with
our allies, the ReconsiDer Forum on Drug Policy in New York state and the
Drug Policy Forum of Texas, we are offering special discounted memberships
for those wishing to join multiple groups. Along with canvassing for e-mail
addresses for DRCNet, working with one of these quality state groups is
a great way to get involved in local activism. If you live in one of these
states but didn't receive the appropriate bulletin last Wednesday, please
let us know, so we can put you on the right state distribution sublist.
In the meantime, the offers are posted at http://www.drcnet.org/rapid/1998/5-20-1.html
(New York) and http://www.drcnet.org/rapid/1998/5-20-2.html
(Texas).
COUNTDOWN
TO DRUG CRAZINESS: Mike Gray's new book from Random House, Drug Crazy,
continues to get rave reviews from everyone we talk to who has seen it.
You can help Drug Crazy go big by simply visiting or calling bookstores
in your area and asking them if they have it. You don't even need to place
an order or leave your name (though doing so is even better, and you may
as well, because the book is fantastic). Your calls will make the stores
look twice at Drug Crazy and get the book displayed more prominently in
more places. DRCNet is lauded and featured in the intro to the book's appendix,
so supporting Drug Crazy will build the movement as well as educate the
public. Some book chains that may be in your area: Crown, Barnes &
Noble, B. Dalton, Border's, Doubleday, Brentano's, Scribner's, Waldenbooks,
Pyramid -- let us know if we've missed any, so we can add them to the next
alert. Call, call, call!
(Though we urge our readers to call stores and/or buy the book in person,
if you're just not going to do that, you can order the book through amazon.com
-- DRCNet will earn a 15% commission if you order
the book by following this link. The book will be shipped out to you
by amazon as soon as it becomes available.)
LAST CHANCE FOR FREE COPIES OF MARIJUANA MYTHS, MARIJUANA FACTS: After
nearly half a year, we are getting ready to wind up our MMMF membership
premium offer and move on. To get your free copy, and a one-year DRCNet
membership send $30 or more, and make sure it gets postmarked or submitted
online by May 31. Please use our online registration form at http://www.drcnet.org/drcreg.html,
or just send your check or money order to: DRCNet, 2000 P St., NW, Suite
615, Washington, DC 20036. Please note that donations or membership dues
paid to DRCNet are not tax-deductible.
Table of Contents
- "Operation Casablanca": Feds'
Big Money Laundering Bust Amounts to Chump Change
- 40 Events Scheduled for Global Days Against
the Drug War
- Another Bad Raid, Another Lawsuit for the City
of New York
- Reverend Calvin Butts Calls Rudolph Giuliani
"Racist"
- Medical Marijuana Summit Scheduled in California
- House Amendment to Higher Education Bill
Bars Marijuana Smokers from Receiving Student Aid
- Bolivian Anti-Drug Squadron Eats Disabled Peasant's
Fruit Crop, Leaving Her Without Income
- Quote of the Week: Milton Friedman on Colombia
- Media Alert: Brandweek Takes on the Partnership
- Link of the Week: Oregonians for Medical Rights
- New Book: Dark Alliance by Gary Webb tells
the whole CIA-Crack Story
- Job Announcement: DPF Hiring an Assistant
Communications Director
- Editorial: Bad raids
(visit last week's Week Online)
1. FEDS' BIG MONEY LAUNDERING BUST AMOUNTS
TO CHUMP CHANGE
This Monday, the US Treasury Department announced the results of "Operation
Casablanca," a three year investigation into drug trafficking and
money laundering that has culminated in indictments against three Mexican
banking institutions and the arrest of more than two hundred individuals,
many of them mid-level banking officials representing twelve of Mexico's
nineteen largest banks. In addition to the indictments, seizures of more
than a hundred bank accounts in the US and Europe are expected to net more
than 130 million dollars.
In a press release, Treasury Department Under Secretary for Enforcement
Raymond Kelly noted that the success of Operation Casablanca was "extremely
significant, because of the sheer volume of the amounts of money involved,"
and because "it exposes a link between the Cali and Juarez Cartels
and their relationship with Mexican banks."
At a press conference, Kelly was asked whether the Mexican authorities
had cooperated with Operation Casablanca. He responded, "We had a
lot of undercover officers involved who were at great risk, so this information
was not shared with the Mexican government."
Attorney General Janet Reno added, "When I talked with the Attorney
General of Mexico today, they indicated that they wanted to cooperate in
every way possible."
So far, most of those arrested are Mexican citizens. No US citizens
have been charged with any crime, nor have any US banking institutions
been implicated in the sting--although one of the Mexican Banks, Banca
Confia, was recently purchased by Citibank, and many of the seized accounts
were located in US banks. Spokespersons for Citibank have said that Citibank
was not aware of Confia's involvement in illegal activities.
The Week Online asked Ian Vásquez, an expert on money laundering
and Director of the Cato Institute's Project on Global Economic Liberty,
whether Operation Casablanca had made a dent in the cartels. "Unfortunately,"
he said, "seizing a few million or even a hundred million dollars
is not going to have much of an effect on a 50 billion dollar industry.
In fact, it is more likely that in attacking the drug problem from the
money laundering side will result in an even greater profit motive for
the traffickers, more violence, and stronger incentives for institutional
corruption."
2. 40 EVENTS SCHEDULED FOR GLOBAL DAYS AGAINST
THE DRUG WAR
The Global Days Against the Drug War is an international series of events
to be held June 5-10 in response to the United Nations Special Session
on Narcotics. As of this writing, forty separate events are planned, meaning
there's likely to be one in a city near you. We urge you to participate
and to make the Global Days a turning point in the international debate
over an increasingly global and militaristic Drug War.
For those who have asked about the New York event, there will not be
a demonstration at the UN due to several logistical and strategic factors.
But there will be a large demonstration in favor of syringe exchange taking
place at Bryant Park (42nd and 6th) at 5 PM on Monday, June 8th. This event
is not yet officially part of the Global Days, although that may change.
Further announcements may be forthcoming.
Events in cities other than New York, however, are all of the public-attendance
variety! Event and contact information, as well as the Declaration (please
sign it, if you haven't already) can be found at http://www.stopthedrugwar.org/globalcoalition/.
Participating cities include:
Alsfeld, Amsterdam, Auckland, Berlin, Bonn, Brussels, Christchurch,
Colville, Dallas, Dunedin, Eugene, Hamburg, Houston, Ilmenau, Jena, London,
Los Angeles, Madrid, Munich, New Orleans, Paris, Rome, Salt Lake City,
San Francisco, Schengen, Seattle, Sidney, Stockholm, Tallinn, Tel Aviv,
Trier, Tuscon, Washington, Wellington, and Winnipeg.
3. ANOTHER BAD RAID, ANOTHER LAWSUIT FOR THE
CITY OF NEW YORK
In New York last week (5/12), the victim of yet another "wrong
apartment" raid filed suit against the city. The plaintiff, a 29 year-old
Latino woman with four young children, is seeking $20 million in damages.
The raid occurred on June 5, 1997 at 8:30 AM when 15 narcotics agents
stormed the Brooklyn apartment, pulled the nearly-naked woman from her
bed, held a gun to her head and repeatedly demanded to know where the guns
and drugs were. Susan Karten, the plaintiff's attorney, told United press
International that the police refused to let her client comfort her 2 year-old
child, and that other officers interrogated her 7 year-old about the woman
and her boyfriend. Karten also claims that her client was told to "shut
up" when she asked to see a warrant.
The warrant, which the police apparently did have in their possession
at the time of the raid, indicates that the wrong apartment was being searched,
and, upon closer inspection, that the officer who swore to its contents
was either indifferent to, or unaware of the facts to which he attested.
Attorney Susan Karten spoke with The Week Online. "The warrant,
which was issued on a tip from a confidential informant, of whom the officer
states he has had 'personal knowledge and conversation'. In the warrant,
the officer states that he has 'observed the premises' at 396 New Jersey
Avenue, and that it is a 'four-story brown brick building.' In fact, 396
New Jersey is a three-story gray brick building."
"The warrant also reads, 'I am informed that apartment 2-M can
be reached by ascending the stairs at the front of the building to the
second floor and turning left,' and that it is the only gray door in the
building. Well, first of all, the apartment that my client lives in, that
the police kicked in the door of, with guns drawn, was apartment 2-L, and
it has a red door. In fact, there is no apartment 2-M in the building at
all. However, if you follow the directions in the warrant, ascending the
stairs in the front and turning left, you will find apartment 1-L which,
coincidentally, has the only gray door in the building, and which, according
to published reports, was raided, and heroin was found there, a month later."
Karten continued, "My question is, someone, apparently operating
under NYPD guidelines, made the decision to kick in the door anyway. We,
and by 'we' I mean the citizens of New York City, have a right to see those
guidelines and to evaluate why it is that these obvious mistakes were ignored,
and a door was kicked in by fifteen officers with guns drawn, and an innocent
family was terrorized."
New York City police commissioner Howard Safir, addressing reporters,
claimed that "it was the correct apartment as designated by the search
warrant." Safir also dismissed the recent rash of "bad raid"
lawsuits, saying, "It's just like a number of other cases that are
popping up as people line up to see if they can sue the city for big dollars."
Neither the NYPD Press Office, nor the NYPD Commissioner's Office responded
to requests for comment on this story.
4. REVEREND CALVIN BUTTS CALLS RUDOLPH
GIULIANI "RACIST"
On Tuesday (5/19) during an appearance on "Inside City Hall"
a local cable television program on news station "New York 1,"
Reverend Calvin Butts of the Abyssinian Baptist Church in Harlem, one of
New York City's most powerful and well-respected African American leaders,
said of New York City's Mayor, "I don't think he likes black people."
Then, on Wednesday, speaking at a news conference along with other religious
leaders and several Harlem residents who say they've been harassed by police,
Butts added "People say 'Reverend, why are you speaking out? The city
is cleaner and safer.' What I want to tell people is that it's not happening
in our community."
Reverend Butts claimed that Giuliani's leadership has led to an atmosphere
among police whereby more young blacks and Harlem merchants are being harassed
and brutalized. He also stated at the press conference that he would "be
big enough to admit I was wrong about calling you a racist" if the
mayor would address his concerns.
In response, Mayor Giuliani told the Associated Press "I think
it's really a shame for him to be name-calling like that, particularly
since he's a religious person. So I think this is a reflection on Calvin
Butts."
5. MEDICAL MARIJUANA SUMMIT SCHEDULED IN
CALIFORNIA
- Barrington Daltrey for DRCNet
Sen. John Vasconcellos, chair of the California State Senate Committee
on Public Safety, has responded to the need for a reliable medical marijuana
distribution system by scheduling a "summit" on Tuesday, May
26, 1998 in Sacramento.
The meeting, officially entitled "Medicinal Marijuana Distribution
Summit," was announced by teleconference Monday, May 18, 1998, and
further specifics have now been made available by Vasconcellos' office.
Speakers will include representatives of law enforcement organizations,
district attorney's offices, the medical profession, and cannabis providers.
Vasconcellos is promoting statewide participation.
Recognizing the seriousness of the situation and responding to the will
of a majority of Californians expressed in Proposition 215, Vasconcellos
released a press advisory with the following statement:
"Pursuant to Californians declaring via Proposition 215 our will
to allow medical uses of marijuana, a number of courageous, passionate
Californians have endeavored to fill a void left by the inability, unwillingness
of government to address the issue of distribution. To varying degrees
of success, they provide the essential service to otherwise law-abiding
citizens whose only other option is to purchase marijuana from street dealers.
However, many of these courageous citizens have become targets of the state
and federal criminal justice system."
Consistent with their antagonistic stance toward the California law,
federal law enforcement and Dept. of Justice officials have reportedly
declined to participate. Nevertheless, notable speakers are scheduled from
around the state. Among the many announced speakers are George Kennedy,
President of the California District Attorneys' Association; Terence Hallinan,
San Francisco County District Attorney; Glen Craig, Sacramento County Sheriff;
Dr. Neil Flynn, UC Davis Medical Center; Dr. Jonathan Fielding, Los Angeles
County Health Officer; Peter McWilliams, author/publisher; and Scott Imler,
Los Angeles Cannabis Buyers Club.
The agenda reflects an apparent "pro-medical marijuana" stance,
in accord with the goals stated in the press advisory. Among the topics
are, "What County Health Directors are Doing and Need to Do,"
"Implementing Prop. 215 Without Jeopardizing Public Safety,"
and "What Needs to Happen after Marijuana is Recommended."
The summit will be open to the public and will include a public comment
period. It is scheduled for 1:00 p.m. to 5:00 p.m. in Room 112, State Capitol
building, Sacramento.
6. HOUSE AMENDMENT TO HIGHER EDUCATION BILL
BARS CONVICTED DRUG OFFENDERS FROM RECEIVING STUDENT AID
(reprinted from the NORML Weekly News, http://www.norml.org)
May 21, 1998, Washington, DC: The House overwhelmingly approved legislation
this month denying convicted marijuana offenders from receiving federal
student loan assistance. The language, introduced by Rep. Mark Souder (R-IN)
as House Amendment 582 to the Higher Education Programs Authorization Extension
Bill (H.R. 6), mandates that "An individual student who has been convicted
of any offense under any Federal or State law involving the possession
or sale of a controlled substance shall not be eligible to receive any
[federal] grant, loan, or work assistance."
NORML National Campus Coordinator Aaron Wilson said that the legislation
unfairly punishes marijuana users. "It is outrageous that Congress
would pass this law denying financial aid to students for minor non-violent
drug offenses, while a felony conviction for a serious violent crime brings
no such penalty," he said. "What kind of message is Congress
sending?"
Souder's amendment suspends first time drug offenders from receiving
student aid for a period of one year. Second time offenders will be ineligible
for two years, and multiple repeat offenders will be barred indefinitely.
Drug sellers will be ineligible for two years after their first conviction,
and indefinitely prohibited from receiving aid upon a second conviction.
Students may resume eligibility before the completion of their suspension
if they participate in a drug rehabilitation program and pass two random
drug tests.
Wilson questioned how fairly the new law would apply to marijuana offenders.
"In many states, marijuana possession is decriminalized (a civil violation
punishable by payment of a small fine), while in others it's a misdemeanor
or a felony. Depending on which state students live in, this legislation
may or may not apply to you."
The House approved H.R. 6 by a vote of 414 to 4, far exceeding the two-thirds
majority necessary to override a veto by President Clinton. The bill now
awaits action from the Senate.
For more information, please contact either Keith Stroup, Esq. of NORML
@ (202) 483-5500 or Aaron Wilson @ (212) 362-1964.
7. BOLIVIAN ANTI-DRUG SQUADRON EATS DISABLED
PEASANT'S FRUIT CROP, LEAVING HER WITHOUT INCOME
Felipa Mamani, a peasant farmer in Shinahota, in the Chapare region
of Bolivia, lost her leg after being wounded on November 15, 1995, in a
confrontation between the UMOPAR (Bolivia's DEA) and townspeople. The UMOPAR
had occupied a hall, preventing a cocalero (coca growers union) meeting,
as well as a campaign meeting for a local mayoral candidate, from taking
place. During the several hour confrontation, the UMOPAR used large quantities
of tear gas and rubber bullets and fired off warning rounds with automatic
weapons. About 20 people were arrested and nine police were wounded, although
none by gunfire. Mamani, who was one of six civilians wounded, was hit
in the right thigh by a bullet which severed her femural artery. A doctor
at the local clinic determined that she needed specialized medical care
and would have to be transported to a larger clinic in a nearby town. While
the doctor was looking for transportation to the other clinic his clinic
was surrounded by UMOPAR agents and bombarded by gas delaying the removal
of patients for at least half an hour.
In the hospital in Ibuelo it was determined that Mamani needed to go
to Cochabamba due to the severity of her wound. She waited more than two
weeks in the public hospital while the coca growers union and the Permanent
Assembly of Human Rights negotiated with the government to pay for the
treatment of her leg. By the time the government had agreed, the leg had
to be amputated. In agreeing to pay for Mamani's medical costs, the government
assumed no responsibility for the incident in Shinahota and refused to
pay for any of the medical follow up that she needed. (The incident is
described in reports by Human Rights Watch -- see http://www.hrw.org/hrw/summaries/s.bolivia965.html
and http://www.hrw.org/hrw/summaries/s.bolivia957.html.)
Earlier this year, the Andean Information Network, an organization that
monitors and disseminates information on the impact of the anti-narcotics
effort in Bolivia, raised funds for Mamani to purchase a new prosthesis
to replace her old artificial leg that had become non-functional after
three years of use. According to AIN's appeal, "Felipa has been an
invaluable resource not only for AIN but for international human rights
organizations as well. She has always been willing to allow interviews,
photos and countless retellings of the fateful events of that day. We have
found her to be a tireless defender of human rights in the Chapare."
On April 29, AIN's Lee Cridland visited Mamani at the union headquarters
to let her know that they had raised sufficient funds and that she was
now on the company's waiting list. Mamani told her that on the previous
day, government soldiers, now installed in the Chapare to forcibly eradicate
coca, had entered her property and eradicated all of her coca plants. The
soldiers had also eaten all of the fruit that was ready for picking, leaving
her with no source of income. Says Cridland, "I could hardly believe
what she was saying and you can imagine her fear as the soldiers entered
the property from the back and she could not get back there to see what
they were doing. Once she calmed down a bit we took her back to her land
15 kilometers away and confirmed with our own eyes what she had told us."
(Those of you who have been with us for awhile might recall the alert
we redistributed for AIN last year, archived at http://www.drcnet.org/rapid/1997/4-23-1.html.
AIN can be contacted at [email protected].
8. QUOTE OF THE WEEK
"The available evidence indicates that our attempt to deprive individuals
of the freedom to use drugs such as heroin and cocaine has done far more
harm than good. It has filled our jails, corrupted our police, deprived
people of their civil liberties and imposed unbelievable horrors on other
countries such as Mexico and Colombia. On just this last issue -- the effect
of our drug policy on other countries -- I have never found anyone able
to give me a plausible answer on what right the U.S. has to destroy a country
like Colombia just because we can't enforce our own laws. If we could enforce
our laws, there would be no drug cartel there, no black market, no endless
string of drug killings and less instability in the government. Because
we can't enforce our laws, the country is being destroyed."
- Milton Friedman, San Jose Mercury News, 5/17, "Leading Question"
weekly feature
9. MEDIA ALERT
Brandweek, the sister publication to Adweek, the advertising industry's
leading trade publication, featured an analysis of the effectiveness of
anti-drug advertising in its April 27 issue. The discussion decried an
absence of evidence for the campaigns' efficacy, and scolded the ONDCP
and the Partnership for a Drug Free America for taking shortcuts and not
doing the research that any company embarking on a multi-billion dollar
ad campaign would perform. Senior Editor David Kiley points out that there
is a lot at stake -- keeping kids off drugs and making effective use of
taxpayer money -- and that the standards for planning should therefore
be higher than they are for private clients' accounts, not lower.
Reportedly, Kiley and Brandweek have since received an onslaught of
negative criticism about their coverage. Please send letters of support
to: David Kiley, Senior Editor, Brandweek, 1515 Broadway, 12th Floor, New
York, NY 10036, fax: (212) 536-1416, [email protected].
The articles can be accessed on the web in full at http://www.marijuanamagazine.com/toc/051898.htm.
10. LINK OF THE WEEK: Oregonians for Medical Rights
The proponents of the Oregon Medical Marijuana Act have created a web
site with the full text of the legislation and an extensive set of links
to informational resources. Check OMMA out at http://www.teleport.com/~omr/.
11. NEW BOOK: Dark Alliance
In August 1996, the San Jose Mercury News published a series of articles
by reporter Gary Webb, titled "Dark Alliance", discussing evidence
of possible connections between the CIA, the Nicaraguan Contras, and cocaine
trafficking rings operating between Central America and inner-city Los
Angeles. Webb, who is no longer with the Mercury, has written a book with
the same name, detailing the rest of the information that the Mercury,
under pressure, declined to publish. Though the CIA has denied engaging
in drug trafficking, earlier this year they acknowledged that they did
work with drug traffickers and did not report them to the DEA or other
law enforcement agencies.
You can order
Dark Alliance by following the link to amazon.com. DRCNet will earn
a 15% commission on your purchase.
Another important book of relevance to
the cocaine problem is Crack
in America, edited by sociologists Craig Reinarman and Harry G. Levine,
a compilation of 17 essays by renowned experts (including the editors)
providing a comprehensive look into the latest "demon drug".
Follow
the link to purchase.
Land
of Opportunity: One Family's Quest for the American Dream in the Age
of Crack, by William Adler, narrates the gripping history of a family
that made it big in the crack world only to fall later. A revealing look
at the real world behind the rhetoric. Follow
the link to purchase and earn DRCNet 15%.
12. JOB ANNOUNCEMENT: DPF Seeks Communications Associate/ Assistant
Editor
The Drug Policy Foundation seeks a media-savvy person to assist Communications
Director to generate media coverage, produce policy journal, monitor news
sources, and post Web info. Applicants must be detail-oriented, write clearly/
concisely, know standard proof-reading and editing practices, and possess
talent for layout/artistic design. Media experience a must; knowledge of
drug policy reform a plus. BA with 2+ yrs exp.
Duties and Responsibilities:
- Responsible for assisting Communications Director and Foundation senior
staff in identifying public policy, legislative, and grassroots activities
that warrant publicity/media attention.
- Assists the Communications Director in developing and maintaining media
relationships and database.
- Coordinates media interviews for DPF representatives and acts as logistical
liaison for DPF press conferences and briefings.
- Conducts research, writes, edits, provides design assistance for DPF
press releases, op-ed columns, letters to the editor, DPF's quarterly Drug
Policy Letter, and other in-house publications including the Web site.
Assists in the coordination and distribution of DPF releases and publications.
- Monitors print and electronic news and media sources and coordinates
DPF responses. Covers and reports on other newsworthy events for DPF publications.
- Assists in the continuing development and maintenance of the Foundation's
Web site and in responding to public correspondence including email.
Full benefits, mid-$20s starting salary. Send resume, writing sample
to: Comm Search, The Drug Policy Foundation, 4455 Connecticut Ave. NW,
Suite B-500, Washington, DC 20008-2328. No emails please.
13. EDITORIAL... Bad Raids
It's 8 AM, your family is up and about, the kids are getting ready for
school, someone's in the shower, and your mind is already focused on all
that awaits you at work today. Suddenly -- your front door explodes inward
�- there's an explosion and a flash of light, and smoke, and men, men with
guns are everywhere, rushing into your home screaming and cursing and pointing
their weapons -- grabbing everyone in the house -- putting them on the
floor -- screaming orders -- questions -- demands -- your children! Where
are the children?! You hear them screaming and crying "don't shoot
my mommy!! Don't shoot!! Daddy, Help!! Help!! But you can't help. You've
been pinned to the floor by three of the men and there's a gun pressed
up against the back of your neck.
It is not until the first few agonizing minutes of terror have passed
that you realize that these are not outlaws, these are the police. You,
apparently, are the outlaw. At least as far as they're concerned. So you
sit helpless as you are all handcuffed, and screamed at, and threatened,
and cursed and manhandled. As your children are interrogated. And for hours
that seem like days you watch as your residence, and your belongings, and
your life are torn apart, and broken, and scattered across the floors of
this place that up until this morning was your home... and your castle.
Over the past three years, in cities all across the United States, a
very curious thing has happened: crime rates have dropped precipitously.
There are many reasons for this trend. Demographics have changed for one,
meaning that there has been a dip in the number of 15-24 year-old males,
a trend which will soon reverse itself with a vengeance. There is also
the fact that after watching a generation of their elders suffer through
the misery of crack dependence, fewer young people in poor neighborhoods
will touch the stuff. And yes, community policing, at its best, has had
an impact as well.
But there is one factor, perhaps the most important of all, which has
been little remarked upon. Over the past three years, the drug trade, be
it cocaine or heroin or marijuana, has, to a large extent, undergone an
important change in its standard operating procedure. Over the past three
years, in most large cities across America, the drug trade has moved indoors.
Open air drug markets, persistent throughout the seventies and eighties,
have given way to beepers and cell phones. Transactions which used to be
done out in the open are now done, to a large extent, behind closed doors.
Orders are placed, deliveries are made, and business is transacted out
of public, and police view.
This has made a tremendous difference in the quality of life of many
communities. In parts of Los Angeles, in Manhattan's Washington Heights,
children can play outside without the constant threat of erupting gunfire.
People walk their streets without having to negotiate a phalanx of street
dealers and their customers. It hasn't happened everywhere, and drugs are
still sold on the streets in some neighborhoods, but to a large extent,
in a lot of places, it has changed.
But with this change in the drug trade has come a change in the policing
of the drug trade. Narcotics officers used to be able to appear in certain
neighborhoods, put everyone on the ground and begin making arrests. It
was like shooting fish in a barrel. And while all of those arrests did
little or nothing to limit the availability of drugs in the community,
at least there were statistics, body counts, tangible evidence that the
police were doing something.
So, soon after it became apparent that the drug trade had moved in off
of the street, the police followed. And if watching a street sweep, with
dozens of neighborhood residents lying spread-eagle on the pavement, was
troubling to those Americans still enamored of freedom and liberty, the
sound of doors being kicked in at private residences by armed narcotics
squads is truly heartbreaking.
In 1991, the New York City police department executed 1,174 narcotics
search warrants. Less than five months into 1998, they have already executed
1,357. In narcotics cases, a large percentage of warrants are granted,
and executed, on the word of confidential informants. These are usually
people who have been charged with crimes of their own, and who have decided,
often under enormous pressure, to turn snitch. In fact, in many jurisdictions
it is standard procedure to offer to drop charges in exchange for five
names, with the alternative being near a certain long-term prison sentence.
Not surprisingly, reports are beginning to surface in New York about
a growing number of "bad" raids. Either the wrong door was kicked
in, or the informant took a guess, or perhaps the he simply had a grudge
against someone living in the apartment. Whatever the reason, it doesn't
much matter to those whose homes and lives have been irreparably violated.
In recent months, at least six lawsuits have been filed against the NYPD
for bad raids. These are just the ones who have come forward. And there
are doubtless numerous other cases where the raid netted but a small amount
of a banned substance, an eighth of an ounce of marijuana perhaps, thus
legally justifying the invasion and eliminating any chance of civil recourse.
There is very little to compare with the abject terror of a family whose
home is suddenly invaded by a large group of angry, armed men. And it makes
little difference who they are working for when they come. The process
of search and destroy, the verbal and physical abuse, the broken possessions
and shattered sense of security are a judgment, and a punishment of their
own. And the aftermath, even for the innocent, can be a long and enduring
nightmare. Children who are afraid to go to sleep, bumps in the hall that
make entire families jump, and the sense that the police, paid with your
tax dollars, are agents of harm. And if you should be so unlucky as to
have anything suspicious in your home; too many Ziplock sandwich bags,
a scale that weighs in grams or ounces, or perhaps even a gun to protect
your family from "real" invaders, charges are likely to be held
over your head for a good long while. Perhaps until you have signed away
your right to sue.
Howard Safir, the commissioner of the NYPD said recently, "the
drug trade has moved inside, and we're going to go in and get it."
But the innumerable consensual transactions that make up "the drug
trade" will not be eliminated by kicking in even hundreds of thousands
of doors, any more than it was eliminated by hundreds of thousands of street-corner
arrests over the past twenty years. We will simply slide steadily down
the path toward even greater police powers, and even less regard for the
sanctity of the home against incursion by the sovereign. That sanctity
was once a very important concept for Americans. But that was a long time
ago. Before the war.
Adam J. Smith
Associate Director
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