Breaking News:Against Jeff Sessions for Attorney General

Criminal Justice

RSS Feed for this category

Chronicle AM: AZ & CA MJ Polls, AR & OK MedMJ Lawsuits; Filipino Massacre Continues; More... (9/7/16)

New polls have good news for Arizona pot legalizers and better news for California ones, more lawsuits get filed over Arkansas and Oklahoma medical marijuana initiatives, the Philippines' murderous drug war continues apace, the Indonesian drug fighters want to imitate it, and more.

Filipino President Rodrigo "The Punisher" Duterte (theinfluence.org)
Marijuana Policy

Arizona Poll Has Legalization Initiative Leading. An Arizona Republic/Morrison/Cronkite poll has the Prop 205 legalization initiative favored by 50% of registered voters, with 40% opposed and 10% undecided. A 10-point lead is good, but getting over 50% would be better. "The proposal starts out ahead... but that doesn't mean it ends up that way after a campaign," said public-opinion pollster Mike O'Neil, who was not involved in the survey. "It reflects an evolving attitude on marijuana throughout the entire country, and we're part of that. People are no longer buying that this is just a horrible thing."

California Poll Finds Strong Majority for Legalization Initiative. A new poll from the Institute of Governmental Studies at UC Berkeley has support for the Prop 64 legalization initiative at 63.8%. That's in line with other recent polls that have shown the initiative apparently cruising toward victory. The strongest support came from Democrats (73.8%), African Americans (71.9%), Latinos (69.3%), and independents (62.2%).

Vermont Legislative Committee Will Examine Marijuana Policy Ahead of Next Year's Session. State Sen. Dick Sears (D-Bennington) said Tuesday the Joint Legislative Justice Oversight Committee will hold extra meetings this year to examine various issues around marijuana policy, including medical marijuana. Vermont was touted as likely to be the first state to legalize marijuana through the legislative process, but a bill this year passed the Senate, only to see it killed in the House. "My hope is that the House will take a look at it this time and work on a bill," he said.

Nashville Takes Another Step Toward Decriminalization. The Nashville city council has approved a marijuana decriminalization ordinance for a second time. It still has one more reading before it passes the council. The measure would give police the option of charging people caught with a half-ounce or less with a civil penalty instead of a misdemeanor.

Medical Marijuana

American Legion Calls for Marijuana to Be Rescheduled. The nation's largest veterans' organization has passed a resolution calling on the federal government to move marijuana off of Schedule I. The resolutions calls on the government "amend legislation to remove marijuana from schedule I and reclassify it in a category that, at a minimum will recognize cannabis as a drug with potential medical value." The resolution, which also calls on the DEA to "license privately-funded medical marijuana production operations in the United States to enable safe and efficient cannabis drug development research," was approved at the America Legion annual meeting in Cincinnati at the end of August.

Arkansas Medical Marijuana Foes File Lawsuit to Block Second Initiative. Arkansans Against Legalized Marijuana has filed a lawsuit seeking to disqualify the Arkansas Medical Marijuana Amendment from the November ballot. The same group, which includes the state Chamber of Commerce and Farm Bureau, earlier filed a similar suit against a competing initiative, the Arkansas Medical Cannabis Act. The lawsuits claim ballot titles and descriptions are deceptive. The Arkansas Medical Cannabis Act is also the target of another lawsuit challenging its handling of reporting by canvassers.

Oklahoma Medical Marijuana Initiative Campaigns Files Lawsuit Over Rewrite of Ballot Language. Oklahomans for Health, the group behind the medical marijuana initiative filed suit Tuesday to challenge Attorney General Scott Pruitt's (R) rewrite of its ballot description. The original wording of the ballot title made it clear that a yes vote would okay only medical use approved by a physician, but Pruitt's version starts out like this: "This measure legalizes the licensed use, sale and growth of marijuana in Oklahoma. There are no qualifying medical conditions identified." And Oklahomans for Health is crying foul: "Thousands and thousands of signatures were collected from voters of Oklahoma," attorney David Slane said after he filed the lawsuit. "No elected official has the right to rewrite these ballots in such a way that he would try to unfairly influence voters. Scott Pruitt has a habit, a pattern of doing this." Because the campaign was late handing in signatures, the issue is unlikely to appear on the ballot this year. Look for 2018.

Hemp

Colorado Certifies Country's First Domestic Hemp Seeds. The state Department of Agriculture has certified domestic hemp seeds for the first time in this country. State officials showed them off Wednesday. The certification is the endpoint of a years-long collaboration between the department and Colorado hemp growers and "is vital to the long-term growth of the industry," said the department's Duane Sinning. The state has some 400 hemp farmers.

Law Enforcement

Unrest Continues Over Killing of Unarmed Black Florida Man in SWAT Raid That Netted Two Grams of Weed. Protests have been ongoing in the Clairmel area of Hillsborough County ever since a SWAT team member shot and killed Levonia Riggins in his own bedroom last Thursday during a raid in which authorities turned up only two grams of marijuana. Traffic intersections have been blocked periodically as protestors call for the officer who killed Riggins to be fired.

International

Colombian President Just Says No to Resuming Aerial Fumigation of Coca Crops. President Juan Manuel Santos has shot down a trial balloon floated earlier this week by Prosecutor General Nestor Humberto Martinez, who suggested that the country was about to restart aerial eradication of coca crops by spraying herbicides on the fields. Spraying doesn't solve the problem, Santos said: "We arrive, fumigate or eradicate it with soldiers and police, only for farmers to plant even more productive varieties as we leave," the president said.

Indonesia Anti-Drug Head Calls for Philippines-Style War on Drugs. Budi Waseso, head of the Indonesian anti-drugs agency, said Tuesday his country was ramping up its drug war and said Indonesia could be as aggressive as the Philippines, where alleged drug users and dealers are being murdered in the streets by police and vigilantes. "Yes I believe so. It can happen because (the drugs problem) in Indonesia is as bad as in the Philippines. The life of a dealer is meaningless because (he) carries out mass murder. How can we respect that?," he added.

Philippines Drug War Death Toll Now Surging Toward 3,000 in Only Two Months. People are being killed at the rate of 44 a day in President Rodrigo Duterte's war on drug users, drug sellers, and the rule of law, and the death toll after only two months in office is now nearing 3,000. Duterte is happy and wants more: "More people will be killed, plenty will be killed until the last pusher is out of the streets," he said "Until the (last) drug manufacturer is killed, we will continue and I will continue." Of the nearly 3,000 killed, about one-third are claimed by police and two-thirds are blamed on death squads, vigilantes, and hired assassins.

Chronicle AM: Denver Pot Social Use Init Makes Ballot, Kratom Fight Gathers Steam, More... (9/6/16)

Big city Texas prosecutors are increasingly dropping small-time pot cases, a Denver social use marijuana initiative qualifies for the ballot, kratom proponents move to block the DEA effort to place it on Schedule I, and more, including lots of international items.

Denver skyline (Creative Commons)
Marijuana Policy

Texas Big City Prosecutors Are Dismissing Small-Time Marijuana Cases. Prosecutors in the state's five most populous counties -- Bexar (San Antonio), Dallas, Harris (Houston), Tarrant (Ft. Worth), and Travis (Austin) -- are increasingly dismissing small-time pot possession charges. In Ft. Worth, the number of cases dropped rose from 9% in 2011 to 25% last year. In Dallas, the number dropped rose from 18% to 41% in the same period. Travis County prosecutors Dan Hamre explained. "Jurors would look at us like we are crazy," he said. "'You are spending your time, our time and the court's time on a small amount of personal marijuana?'"

Washington State Campaign to End Marijuana Possession Felonies Underway. Under marijuana legalization via I-502, the stat legalized the possession of up to 28 grams of pot, but possession of 40 grams or more remains a felony. A Change.org petition calling on state lawmakers to fix the law is now underway. It has more than a thousand signatures in ten days, but could always use more.

Denver Marijuana Social Club Initiative Qualifies for Ballot. An initiative from the Denver Social Use Campaign has qualified for the November ballot. It would allow for the creation of "designated consumption areas" for marijuana use. Permits would be open to a broad range of businesses, and could cover a single event or be good for up to a year. Patrons would have to bring their own buds, though, since sales would not be allowed.

Medical Marijuana

Second Arkansas Lawsuit Challenges Medical Marijuana Initiative. A Little Rock attorney who is a member of NORML's National Legal Committee has filed a lawsuit seeking to knock the Arkansas Medical Cannabis Act off the November ballot. In the lawsuit, attorney Kara Benca asked the court to invalidate some 15,000 voter signatures, which would disqualify the initiative. A second initiative, the Arkansas Medical Marijuana Amendment, has also qualified for the ballot. If both pass, the won with the most votes wins.

Drug Policy

Petition Drive to Undo Making Kratom Schedule I is Underway. In response to the DEA's announcement it was moving to make kratom's active ingredients Schedule I, fans of the opioid substitute have begun a Change.org petition asking the White House to intervene. The White House must respond if the petition hits 100,000 signatures by month's end. So far, it has nearly 70,000. The American Kratom Association also says it is pondering a lawsuit to block the move.

International

Australia Will Legalize Medical Marijuana in November. The Therapeutic Goods Administration has made it official. The agency has now formally announced it will move medical marijuana from Schedule 9 (prohibited substances) to Schedule 8 (controlled drugs). The change will go into effect in November.

Bolivian Government Proposes Prison Time for Illegal Coca Cultivation. Vice Minister for Social Defense Felipe Caceres announced Friday that the government is proposing a bill that would make illegal coca production a crime punishable by up to three years in prison. Under current law, illegal cultivators face no prison time, only the destruction of their crops.

Colombia Attorney General Calls for Renewed Aerial Eradication of Coca Crops. Attorney General Nestor Humberto Martinez has released a report calling for a resumption of aerial spraying of coca groups with herbicides. The government ended that policy las year, citing health risks, as well as a desire to emphasize public health and human rights in its drug policies. But an expansion of coca production has the government signaling it may change its tune.

Denmark's Christiania Residents Tear Down Hash Stalls After Police Shot and Wounded. Christiania has long been the go-to place to score hash in Copenhagen, but after a known drug seller opened fire on police last week, wounding two, residents of the hippie enclave began tearing down dealers' stalls, saying they feared organized crime was moving in. "If they start building up the booths again tonight, then well, we're here tonight as well. The plan is to continue tearing them down until it works," Christiania resident Helene Schou said. "I'm not saying hash should disappear completely from Christiania, but we needed a kiosk and what we had was a supermarket."

Philippines Will Make Drug Tests Mandatory for College Students. In the latest move in President Rodrigo Duterte's murderous war on drugs, his administration has announced it will seek to make students entering college undergo drug tests beginning next year. More than 2,400 people accused of being drug users or sellers have been killed in Duterte's two months in office, and his administration has instituted broad drug testing of police and politicians, among others.

A Long Hot Summer of Drug War Deaths [FEATURE]

The killing of a young, black, unarmed Tampa man by a SWAT team that raided his home in an operation that turned up two grams of marijuana has sparked angry protests last week, including demonstrations last Thursday where people damaged vehicles, lit fires, and threw trash at police, leaving five people arrested and a community outraged.

Levonia Riggins. Unarmed, killed in his bedroom in a raid that netted two grams of weed. (family photo)
Levonia Riggins was shot and killed in his bedroom by Deputy Caleb Johnson of the Hillsborough County Sheriff's Office as the SWAT team executed a search warrant based on purchases of marijuana from Riggins by undercover officers earlier this summer. Police said they used the SWAT team because they had found guns in the house a year earlier.

When deputies arrived, they broke through a window and found Riggins in bed. "Mr. Riggins then jumped up and moved his hands toward his waistband," a police spokesman explained. Johnson then fired, killing Riggins in what police called "a split-second decision." The Hillsborough State Attorney's Office is now investigating the killing, as is a sheriff's internal team.

Riggins was only the last person to be killed in drug law enforcement operations this summer that left 10 other people dead in separate incidents, including a Tennessee police officer. According to the Drug War Chronicle, which has been tracking such deaths since 2011, the year's drug war death toll now stands at 33.

That's a rate of about one a week, a rate that has held constant throughout the five years the Chronicle has been counting. Also consistent is the ratio of civilians killed to police officers killed. It has been running at about 10:1 over the five-year period, and with three officers killed so far this year, that ratio is being maintained.

Here are the rest of the summer's drug war victims and the circumstances of their deaths:

On August 18, in Apache Junction, Arizona, a Maricopa County sheriff's SWAT Team member shot and killed Larry Eugene Kurtley, Jr., 53, as the SWAT team attempted to take him into custody on drugs, drug paraphernalia, and weapons charges. A woman who left the residence as police arrived told them he could be armed, and the SWAT team then began to negotiate his surrender, police said. But Kurtley refused to come out, so police fired tear gas into the home. When he emerged from the house, he was armed, police said, and one of the SWAT deputies opened fire, killing him. Kurtley had served multiple prison sentences dating back to the 1990s. The Pinal County Attorney's Office and the sheriff's office professional standards bureau are investigating.

On August 16, just outside Augusta, West Virginia, a sheriff's deputy shot and killed John O'Handley, 55, of Yellow Springs as he reportedly grabbed the deputy's gun while being transported to jail after being arrested on methamphetamine and other charges. Deputies had originally gone to O'Handley's residence in search of a stolen motorcycle, but discovered an active meth lab in the home, as well as homemade bombs and stolen property. O'Handley allegedly reached between the front seats of the police car and grabbed the arresting deputy's gun. "A struggle then ensued," and the deputy fired one shot, striking O'Handley in the head and killing him. The shooting is being investigated by the West Virginia State Police.

Tennessee Bureau of Investigation Special Agent De'Greaun Frazier. Killled during an undercover drug buy. (tn.gov/tbi)
On August 9, in Jackson, Tennessee, a Tennessee Bureau of Investigation agent was shot and killed while conducting an undercover drug buy. Special Agent De'Greaun Frazier, 35,was assisting Jackson Metro Narcotics and was in the front seat of a vehicle when the man he was supposed to buy drugs from instead tried to rob him, shooting him from the back seat. That man, Brendan Burns, has now been charged with murder in his death. Frazier had earlier served on a DEA task force while working at the Millington Police Department.

On August 9, in Los Angeles, LAPD officers in Boyle Heights shot and killed Jesse Romero, 14, as he fled from them while they investigated a report of possible "gang writings" and drug activity. According to the LAPD account, Romero and another youth split up and took off running when police arrived, and a witness saw Romero shoot a handgun toward pursuing officers. One officer returned fire, striking and killing Romero. But another witness said she saw Romero pull a gun from his basketball shorts as he ran, then toss it toward a fence. The gun fired when it fell to the ground after hitting the fence, startling Romero. "He didn't shoot," she said. Police recovered an old revolver, but it is unclear how near it was to Romero's body. The officers involved were wearing body cameras, but under LAPD policy that footage is only released to the officers involved before they make an initial statement -- not to the public. The ACLU of Southern California released a statement saying it was "particularly concerned" about Romero's death and criticizing LAPD's body camera policies.

On July 7, in Clovis, California, Clovis Police serving an arrest warrant on narcotics and related charges shot and killed Adam Smith, 33, as he attempted to flee in his vehicle. Police and his girlfriend's family lured him to the family residence, but he and his girlfriend tried to escape, jumping in his van in an alley. According to police, when they confronted the pair in the alley, the girlfriend jumped out of the van, Smith slammed it into reverse, nearly hitting her, then accelerated his vehicle toward the officers. Two of the three offices opened fire, fatally wounding Smith. He was not named in initial reports, but was later identified. In another report, an acquaintance said Smith was on heroin and had repeatedly said they he would die in a "suicide by cop," especially when he was on heroin.

Street meorial for 14-year-old Jesse Romero. (scpr.org)
On June 30, in Douglas, Wyoming, a US marshal shot and killed Jasen Scott Ramirez, 44, in the parking lot of a Catholic Church as he was leaving his father's funeral. The federal agents were seeking Ramirez to serve an arrest warrant on methamphetamine and weapons charges. Local police called to the scene after the shooting discovered 3.5 ounces of meth and two pistols in the vehicle he was driving, but it's unclear to whom the car, the guns, or the drugs belonged. It's also unclear whether Ramirez was brandishing or reaching for a weapon when he was shot and killed. The US Marshals Service has issued only a one-paragraph statement, short on details, including the name of the marshal who pulled the trigger. The agency said it would not be saying more until all investigations into the incident are concluded, including one by the Wyoming Division of Criminal Investigation. After the killing, an unconfirmed death threat was made against law enforcement, prompting authorities to temporarily lock down the county courthouse, city hall, and the hospital where Ramirez died.

On June 16, in Westminster, Colorado, a Westminster police officer shot and killed Nicholas Damon, 30, after Damon allegedly dragged the officer and ran over him with his car. Police were attempting to arrest Damon on outstanding drug and assault warrants when he hopped into his car and attempted to flee the scene. The officer involved was briefly hospitalized with "non-life threatening injuries." The killing is being reviewed by an Adams County special investigatory team.

On June 14, in Chula Vista, California, an undercover ICE agent shot and killed Fernando Geovanni Llanez, 22, as agents met with a half-dozen suspected marijuana traffickers in an apparent buy-bust deal at an Eastlake-area strip mall. The agent was part of the Homeland Security Investigations Operation Alliance drug task force, and the agency said Llanez attacked him in what could have been a robbery attempt. The agent fired several times, fatally wounding Llanez. His five companions fled, but were all chased down and arrested on charges of possession of marijuana for sale, conspiracy, and suspicion of robbery. Chula Vista police declined to confirm that it was an undercover operation and would not say if any cash or drugs were seized. There was no mention of any weapon.

On June 8, in Kansas City, Missouri, members of a DEA task force executing a search warrant shot and killed Carlos Garcia, 43, after he fired at officers from inside the house and then refused to exit, leading to an hours-long standoff. Finally, after police shot tear gas into the house, Garcia ran out the back door of the residence aiming his rifle at officers, police said. Task force members then opened fire on Garcia, killing him in the back yard.

On June 7, in Turlock, California, two Modesto police officers who were members of the Stanislaus County Drug Enforcement Agency "involved in a narcotics investigation" shot and killed Omar Villagomez after the vehicle he was driving collided with unmarked police vehicles as they attempted to arrest him. The passenger in the vehicle was not shot, but was injured by debris from the collision. He was charged with suspicion of meth possession with intent to sell, transportation of meth, possession of a controlled substance while armed, and possession of a loaded and concealed firearm.

This Week's Corrupt Cops Stories

An Ohio sheriff gets popped for his pain pill habit, a New Mexico cop videotapes himself stealing marijuana, a San Francisco cop heads to prison for illegal tactics and lying about them, and more. Let's get to it:

In Fremont, Ohio, the Sandusky County sheriff was arrested last Tuesday after a local grand jury indicted him for allegedly illegal obtaining prescription drugs and misusing department funds. Sheriff Kyle Overmyer was indicted on 43 counts, including misusing department money and tampering with records. State investigators said he took pills from prescription drug disposal boxes and deceived doctors and pharmacists to obtain more.

In Jackson, Mississippi, a Hinds County sheriff's deputy was arrested last Wednesday for trying to illegally obtain pain pills. Deputy Douglas Jay Nelson, 54, is accused of conspiring to possess and possessing 30 Oxycodone tablets.

In Grants, New Mexico, a Grants police sergeant was arrested last Wednesday after unwittingly recording himself on a body camera taking marijuana from his office and giving it to his girlfriend. Sgt. Roshern McKinney is also accused of embezzling $785 and a half-pound brick of weed that he never submitted to the department's evidence room. He is charge with distribution of marijuana, conspiracy, and felony embezzlement.

In Sanford, Florida, a Seminole County sheriff's jail deputy was arrested last Thursday on charges he stole prescription pain pills from a narcotics storage safe on at least four occasions. Lt. Jason Bender is accused of stealing around 40 pills, 10 each on four different occasions, for his own use. He faces four counts of grand theft of a controlled substance.

In San Francisco, a former San Francisco police officer was sentenced Tuesday to a year and two months in federal prison for conducting an unlawful search of a residential hotel room and writing a false report about it. Arshad Razzak, 44, had been convicted on four counts of conspiring to violate civil rights, violating the rights of a hotel resident during the search, falsifying an informant's pay slip, and falsifying a police report.

Chronicle AM: Obama Commutes More Sentences, Court Rules No Guns for MJ Patients, More... (8/31/16)

President Obama continues commuting drug sentences, the 9th Circuit upholds a ban on gun ownership for medical marijuana patients, Albuquerque gets sued over its asset forfeiture scheme, and more.

Obama meets federal prisoners at El Reno, Oklahoma. (whitehouse.gov)
Medical Marijuana

Federal Appeals Court Upholds Ban on Gun Sales to Medical Marijuana Cardholders. The 9th US Circuit Court of Appeals in San Francisco ruled Wednesday that the federal government's ban on gun sales to medical marijuana cardholders does not violate the 2nd Amendment. The decision came in the case of a Nevada woman turned away from a gun shop after obtaining a medical marijuana card. The ruling sets precedent for all nine states in the circuit, including California, Oregon, and Washington.

New York Expands Program, Will Allow Medical Marijuana Deliveries. The state Department of Health said Tuesday it will allow nurse practitioners to recommend medical marijuana for patients and allow dispensaries to make deliveries. The department also said it was considering whether to include chronic pain on the state's list of qualifying conditions.

Asset Forfeiture

Albuquerque Sued for Refusing to Shut Down Asset Forfeiture Program. An Albuquerque woman whose car was seized after he son was pulled over for drunk driving filed suit in state court Wednesday arguing that the city's asset forfeiture program violates recently passed state-level asset forfeiture reforms and "is driven by a pernicious -- and unconstitutional -- profit incentive" that deprives her of her due process rights. Although the state passed the reforms last year, the city has continued to seize vehicles like Harjo's, arguing the law does not apply to it. The city was already sued by two lawmakers, but that suit was dismissed, with the court ruling they lacked standing to sue. The city has seized more than 8,000 vehicles since 2010.

Pardons and Commutations

President Obama Commutes Sentences for 111 More Drug Offenders. The president continued his pardon push Wednesday, commuting sentences for 111 more drug offenders. That brings to 325 the number pardoned this month alone -- a record -- and to 673 the number whose sentences Obama has commuted throughout his term. That's more than the previous 10 presidents combined.

International

Mexico Federal Police Chief Fired Over Massacre of Cartel Suspects. President Enrique Pena Nieto Monday fired federal police chief Enrique Gallindo over the apparent massacre of 22 suspected cartel members in Michoacan last year. Earlier this month, the National Human Rights Commission released a report saying the victims had been "executed arbitrarily."

Chronicle AM: CA Forfeiture Reform Passes State House, MT Anti-MJ Init Folds, More... (8/25/16)

Lots of California news today, plus a Montana anti-marijuana initiative folds.

A bill to rein in asset forfeiture abuses has passed the California legislature and now awaits Gov. Brown's signature.
Marijuana Policy

California Legislature Passes Cottage Cannabis Production Bill. The measure, Assembly Bill 2516, would establish a new medical marijuana cultivator license category for what sponsor Assemblyman Jim Woods (D-North Coast) calls "microfarmers." The category would apply to farmers with 2,500 square feet or less for mixed-light cultivation, 500 square feet for indoor cultivation, or up to 25 mature marijuana plants for outdoor cultivation. The bill now goes to the desk of Gov. Jerry Brown (D).

California's Legal Marijuana Industry Could Generate $6.5 Billion a Year, Report Says. A new report from Arcview Market Research estimates that legalizing marijuana in the state would create a $6.5 billion annual market by 2020. That would make California the "epicenter" of legal marijuana in the US.

Medical Marijuana

Montana Anti-Marijuana Zealot Gives Up on Initiative to Repeal Medical Marijuana Law. Billings auto dealer Steve Zabawa has given up the ghost on his effort to get an anti-marijuana initiative on the state ballot. His measure would have repealed the state's already seriously gutted medical marijuana law (a measure that has made the ballot, I-182, seeks to reinstate the original law) and declare that any drug illegal under federal law is illegal under state law. He came up short on signatures, lost an initial court challenge, and now says he doesn't have time to appeal to the state Supreme Court. Zabawa said he will now concentrate on trying to defeat I-182.

Asset Forfeiture

California Legislature Approves Asset Forfeiture Reform Bill. A bill that would require a criminal conviction before seizing assets in cases involving less than $40,000 has passed the legislature and is now on the desk of Gov. Jerry Brown (D). The measure, Senate Bill 443, sponsored by Sen. Holly Mitchell (D-Los Angeles), would also prohibit police from partnering with federal agencies in drug busts in order to get around state asset forfeiture laws.

This Week's Corrupt Cops Stories

From Key West to Alaska, law enforcement and prison and jail guard misconduct is exposed. Just another week on the crooked cop front. Let's get to it:

In Nashville, Tennessee, a Nashville Metro Police officer was arrested last Tuesday for punching a drug suspect in the face after she got stuck with a needle hidden in the suspect's bra. Officer Elizabeth Berry-Loucks was searching the woman suspect after arresting her on heroin and gun charges, and reacted to the needle-stick by immediately hitting her in the face. She is now charged with misdemeanor assault.

In Key West, Florida, a Monroe County jail deputy was arrested last Thursday after he allegedly agreed to let a convicted drug dealer escape in exchange for $400,000 in cash he needed to pay off credit card debts. Elizardo Ortueta, 50, was caught red-handed picking up cash from an undercover informant. First, Ortueta asked the imprisoned drug dealer for $50,000 in exchange for preferential treatment, but then approached him seeking $400,000 and offering to help him escape. The drug dealer instead ratted him out, and he went down in an undercover sting. He now faces felony charges of receiving unlawful compensation for official behavior, smuggling contraband into a corrections facility, use of a two-way communications device to facilitate a felony and a misdemeanor charge of not having a valid Florida driver's license, although he has a valid one from North Carolina.

In Kinston, North Carolina, a state prison guard was arrested Saturday after being caught with marijuana on his person as he came to work. Guard Kristopher Williams, 22, got nailed with three grams of the green. He is charged with possession of a controlled substance on prison premises.

In Point MacKenzie, Alaska, a former state prison guard pleaded guilty last Monday to smuggling heroin and marijuana into the Goose Creek Correctional Center. Adam Jason Spindler copped to one count of drug conspiracy and one count of possession of a controlled substance with intent to distribute. Spindler went down after the Department of Corrections warned the FBI it had information he was smuggling drugs into the prison. He's looking at up to 20 years in federal prison, but will probably get much less since he pleaded guilty.

In Auburn, Georgia, a former Auburn police officer pleaded guilty last Friday to stealing drugs and money from one drug trafficker while working for another. Charles Hubbard, 51, conducted fake police stops to steal drugs in exchange for cash payments. He got $5,000 for one such incident. In another incident, he stole money from a confidential informant, giving him a receipt from the "East Metro Drug Task Force," which does not actually exist. He copped to drug trafficking and conspiracy charges and will be sentenced in November.

In Rome, Georgia, a former Floyd County sheriff's deputy was sentenced last Thursday to 10 years in prison after pleading guilty to repeatedly stealing prescription pills. Jessie Stiles had been indicted on 53 counts, including multiple counts of theft by taking and drug possession, as well as five counts of exploiting an elderly person, three counts of burglary, and 10 counts of violating his oath of office. It wasn't clear which counts he actually copped to.

Chronicle AM: At Least Four States Voting on MedMJ, Filipino Prez Could Face ICC, More... (8/25/16)

Michigan legalizers lose a court battle, Oklahoma medical marijuana advocates look to be heading for the ballot box, the 10th Circuit rules that having license plates from marijuana states is not sufficient reason for a stop and search, and more.

Medical marijuana will be on the ballot in at least four states. (Creative Commons/Wikimedia)
Marijuana Policy

Michigan Legalizers Lose Court Bid to Get on Ballot. The backers of the MI Legalize legalization initiative have struck out in court in their bid to get their measure on this year's ballot. The group had collected some 354,000 signatures, well above the 220,00 required, but more than 200,000 of the signatures were gathered outside a 180-day window that the State Board of Canvassers was the only time signatures could be considered. The campaign argued that the 180-day rule was unconstitutional and unfair, but the state Court of Claims ruled Wednesday that the Board of Canvassers was correct. The campaign says it will appeal to the state Supreme Court, but the election clock is ticking and time is running out.

Medical Marijuana

These Four States Will Definitely Be Voting on Medical Marijuana in November. Get a look at the details of and prospects for medical marijuana initiatives that have officially qualified for the November ballot in Arkansas, Florida, Montana, and North Dakota. There is also an Oklahoma initiative that may still qualify (see below), a second Arkansas initiative that may qualify, and a Montana anti-marijuana initiative that is appealing come up short on signatures.

Arkansas Prohibitionists Go to Court to Block Medical Marijuana Initiative. A group calling itself Arkansans Against Legalized Marijuana Wednesday asked the state Supreme Court to block the Arkansas Medical Cannabis Act from appearing on the November ballot. The measure has already qualified, but the group's lawsuit claims the wording of the proposal is misleading and omits key information.

Oklahoma Medical Marijuana Initiative Has Enough Signatures, But Is Not on the Ballot Yet. Secretary of State Chris Benge announced Tuesday that a medical marijuana initiative, State Question 788, has handed in 67,761 valid voter signatures. It only needs 65,987 to qualify for the November ballot, but there are still a couple more hurdles to overcome. The secretary of state's office must send a report on its findings to the state Supreme Court, which will then determine if the number of signatures is enough to put the initiative on the ballot.

Incarceration

Report Finds Women Increasingly Jailed for Drug Offenses. A new report from the Vera Institute for Justice finds that the arrest rate for drug possession for women tripled between 1980 and 2009 and that 29% of women in jails were there for drug offenses. Two-thirds of those women are black or Hispanic, and nearly 80% are mothers, largely single mothers. The report called for localities to adopt cite and release policies and/or decriminalizing drug possession.

Search and Seizure

Marijuana State License Plate is No Reason for Police Stops and Searches, Fed Court Rules. In a case involving a Colorado man pulled over in Kansas, the 10th US Circuit Court of Appeals has ruled that police violated his constitutional rights by stopping and searching him based primarily on the fact that he came from a state that was a "known drug source." Cops can't do that, the court ruled bluntly. To allow such a practice would justify searching drivers from the 25 states that allow medical or fully legal marijuana. "It is time to abandon the pretense that state citizenship is a permissible basis upon which to justify the detention and search of out-of-state motorists, and time to stop the practice of detention of motorists for nothing more than an out-of-state license plate," Circuit Judge Carlos Lucero wrote in the opinion. "Absent a demonstrated extraordinary circumstance, the continued use of state residency as a justification for the fact of or continuation of a stop is impermissible," he added.

International

Philippines President Could Face International Tribunal Over Drug War Killings, Senator Says. President Rodrigo Duterte could be charged with crimes against humanity at the International Criminal Court (ICC) over the wave of killings of alleged drug users and sellers since he took office two months ago, according to Sen. Leila de Lima. "There are some experts who are saying that… if this spate of killings go unabated and unchecked, it could reach that point that the ICC could send a prosecutor to our country and investigate all these for possible prosecution under the Rome Statute," she was quoted saying. "This is not a joke. The last thing we need right now is for our dear president to be subjected to an investigation by an international tribunal like the International Criminal Court. I am not threatening the president. I am just stating a fact," she added.

License Plate from a Marijuana State? That's No Reason to Stop and Search, Fed Court Says

Drivers from pot-friendly West Coast states have long complained of "license plate profiling," claiming state troopers more interested in drug interdiction than traffic safety perch like vultures along the nation's east-west interstate highways pull them over on pretextual traffic stops -- going 71 in a 70 mph zone, failing to wait two full seconds after signaling before making a lane change, weaving within a lane -- because their plates make them suspected marijuana traffickers.

Since Colorado blossomed as a medical marijuana state around 2008 (and ever more so since it legalized weed in 2012), drivers bearing the state's license plates have been complaining of getting the same treatment. The practice is so common and well-known along the I-80 corridor in Nebraska that Omaha lawyers advertise about it.

Now, one Colorado driver has managed to get something done about it. Peter Vasquez sued a pair of Kansas Highway Patrol officers over a stop and search on I-70 that turned up no drugs and resulted in no arrest, and on Tuesday, a federal appeals court vindicated him.

On a 2-1 vote, the 10th US Circuit Court of Appeals in Denver ruled that the two troopers violated Vasquez's constitutional rights by stopping and searching him based primarily on the fact that he came from a state that was a "known drug source."

Cops can't do that, the court ruled bluntly. To allow such a practice would justify searching drivers from the 25 states that allow medical or fully legal marijuana.

"It is time to abandon the pretense that state citizenship is a permissible basis upon which to justify the detention and search of out-of-state motorists, and time to stop the practice of detention of motorists for nothing more than an out-of-state license plate," Circuit Judge Carlos Lucero wrote in the opinion. "Absent a demonstrated extraordinary circumstance, the continued use of state residency as a justification for the fact of or continuation of a stop is impermissible," he added.

And the troopers didn't really have much other basis for suspicion, the court noted. The troopers said their basis was that Vasquez was driving alone, at night, on a "drug corridor," from "a known drug source area," he had a blanket and a pillow in his car, the blanket might have obscured something, and he seemed nervous.

"Such conduct, taken together, is hardly suspicious, nor is it unusual," Lucero noted.

Vasquez was originally pulled over because the troopers "could not read Vasquez's temporary tag," and when that issue was dealt with, they issued him a warning ticket. What the law required, the court said, was that the troopers then end their contact with him and allow him to go on his way.

But instead, they asked him to submit to a search of his vehicle, and he declined. They then detained him for 15 minutes until a drug dog could be summoned -- another drug war tactic the US Supreme Court deemed unconstitutional in April. The drug dog found nothing, and Vasquez was then released.

The troopers may have been done with Vasquez, but he wasn't done with them or what he saw as their unlawful conduct. He filed a civil lawsuit against the two troopers, Richard Jimerson and Dax Lewis, for violating his 4th Amendment right against unreasonable searches and seizures.

The case had been thrown out in federal district court, but Tuesday's decision revives it. It also sets legal precedent for the entire 10th Circuit, meaning that cops in Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming can't pull you over and search you just because you have a pot-state license plate.

Kansas officials say they plan to appeal to the 10th Circuit's full bench, though, but for now, at least, it's the law.

Denver, CO
United States

This Week's Corrupt Cops Stories

A North Carolina detective had a thing for "nudish fetish catfights," a Pennsylvania state trooper had a snitch scoring coke for him, an Oregon crime lab tech had a bad case of sticky fingers, and more. Let's get to it:

In Myrtle Beach, North Carolina, a former Horry County police detective was accused Monday of sexually abusing drug-using women in a civil suit. Three other women have already filed similar suits against Detective Allen Large. In the case of Jane Doe #4, Large is accused of calling a woman and telling her he knew she used drugs, visiting her home and forcing her into a non-consensual sex act, then later providing her with drugs, and continuing "to contact (her) on a daily basis to demand that she engage in nude fetish catfights," the lawsuit said. He gave up on the woman after she entered drug treatment in 2015. The lawsuit doesn't name Large; instead it accuses his supervisors, including the police chief, of knowing what Large was up to and failing to do anything about it.

In Avondale, Pennsylvania, a state trooper was arrested last Friday after he was caught buying cocaine from a confidential informant. Trooper Jose Lebron allegedly gave the informant cash to buy drugs over a period of months and was repeatedly seen snorting cocaine by the informant. Lebron also began paying the informant with cocaine, saying it was too expensive to keep paying with cash. Lebron went down in a controlled buy at a local McDonald's. He is charged with one felony count of criminal use of a communication facility as well as misdemeanor counts of possession of a controlled substance and possession of drug paraphernalia. He is free on $5,000 bail.

In Pendleton, Indiana, a jail guard at the Pendleton Correctional Industrial Facility was arrested last Friday after he got caught trying to smuggle drugs into the prison. Guard Mark Wooten went down after consenting to a search in which officials found 200 suboxone strips. He is charged with one count of trafficking in a controlled substance with an inmate and one count of possession of a controlled substance.

In Portsmouth, Virginia, a former Portsmouth police officer was arrested last Friday on charges he went rogue in trying to bust a drug dealer. Mark Anthony Deluca, Jr. is accused of lying to a judge to obtain a search warrant to raid a home where heroin was found. Deluca gave conflicting accounts of what happened, and the charges were dropped against the homeowner. Now, Deluca faces one count of forgery, one count of uttering a forged public instrument, and three counts of perjury.

In Gadsden, Alabama, a former Etowah County sheriff's deputy was arrested Monday on charges he smuggled drugs into the county jail. Detention Deputy Erick Bullock, 33, went down after his name came up in an internal investigation into contraband at the jail and meth, salvia, suboxone, tobacco, and a cell phone were found in his bag. He is charged with one count of first-degree promoting prison contraband, one count of second-degree promoting prison contraband, two counts of unlawful possession of a controlled substance, one count of salvia possession and one count of third-degree promoting prison contraband. He is now residing at his former workplace until he comes up with a $9,500 bond.

In Portland, Oregon, an Oregon State Crime lab forensic scientist pleaded guilty Monday to stealing as many as 700 pills from more than 50 separate evidence specimens submitted to the labs. Nika Elise Larsen, 36, copped to two counts of obtaining a controlled substance by misrepresentation, fraud, and deception. She admitted stealing meth, morphine, hydrodocone, morphine, and methadone while overseeing cases. She's looking at up to three years in prison, according to her plea bargain agreement. She could have been looking at up to eight years.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School