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Mexico's El Chapo Guzman Reportedly Captured

Reports are coming out that Joaquin "El Chapo" Guzman, the elusive head of the Sinaloa Cartel has been captured in a joint operation by US and Mexican forces.

Joaquin "El Chapo" Guzman--busted?
In a report this morning, Reuters cited "a US government source, who spoke on condition of anonymity" as saying he had been captured, with "a Mexican security source" saying it had happened in Mazatlan, a seaside city in Guzman's home state of Sinaloa.

But in Mexico City, presidential spokesman Eduardo Sanchez would say only that police have "captured an individual" whose identity has not yet been confirmed.

If they actually have El Chapo, this will be a huge victory for the government of President Enrique Pena Nieto, which, like its predecessors, has been criticized for its inability for years to track down the head of the country's most powerful drug trafficking organization.

Many, many Mexicans (and others) believe it was not the lack of ability of the government to find Guzman, but the lack of will -- that his huge narco-wealth had protected him from capture for more than a decade since he bought his way out of prison in Mexico.

Somewhere around a hundred thousand people have died in the multi-sided Mexican drug wars in which Guzman's Sinaloa Cartel battled rival drug trafficking organizations, and the cartels fought the police and the Mexican military. (Or, sometimes, the military or the police fought for the cartels, especially Guzman's Sinaloa Cartel.)

Location: 
Mexico

Chronicle AM -- February 13, 2014

A bill has been filed to stop forcing the drug czar to oppose drug legalization, CBD medical marijuana bills continue to get attention, and there are big doings south of the border, and more. Let's get to it:

Russell Brand helped push British petition over the top. (flickr.com/photos/evarinaldiphotography/)
Drug Legalization

Congressman Steven Cohen Files Bill to Let Drug Czar Deal Honestly with Drug Legalization. The Office of National Drug Control Policy (ONDCP, the drug czar's office) is required by law to oppose legalization of any Schedule I substance and prohibited from studying it. Now, Rep. Steven Cohen (D-TN) has filed a bill, the Unmuzzle the Drug Czar Act (H.R. 4046), that would strip that language from the drug czar's enabling legislation, the ONDCP Reauthorization Act of 1998.

Marijuana Policy

High Times, Westword Sue Colorado Over Marijuana Advertising Restrictions. Marijuana magazine High Times and Denver alternative weekly Westword filed a lawsuit in federal court Monday challenging Colorado's restrictions on advertising for legal marijuana. The state's rules allow pot businesses to advertise only in adult-oriented publications for which "no more than 30% of the publication's readership is reasonably expected to be under 21." The lawsuit argues that the restrictions are an unconstitutional contravention of free speech.

Rhode Island Legalization Bill Coming. House Judiciary Committee Chair Edith Ajello and Senate Health and Human Services Committee Chair Josh Miller announced Wednesday they will file a bill to legalize marijuana for adults and set up a system of taxation and regulation for marijuana commerce. The effort is backed by Regulate Rhode Island and the Marijuana Policy Project.

Hawaii Decriminalization, Medical Marijuana Bills Get Hearing Today. Three Senate committees are holding a joint hearing today on two decriminalization bills, Senate Bill 2358 and Senate Bill 2733, and one bill, Senate Bill 2402, a bill that would take away protections for patients who possess and use marijuana concentrates.

Medical Marijuana

Medical Marijuana Rally Set for Friday in Topeka. Supporters of a long-stalled medical marijuana bill, Senate Bill 9, will rally at the Kansas State Capitol Rotunda Friday morning and lobby legislators after that. The effort is organized by Kansas for Change. Click on the title link for more details.

Hundreds Pack Oklahoma Capitol for CBD Medical Marijuana Hearing. Demonstrators called for marijuana legalization outside as hundreds of people jammed into the state capitol for a hearing on CBD medical marijuana. Dramatic and moving testimony was heard from family members of children suffering seizure disorders who might be helped by access to CBD cannabis oils.

Wisconsin Lawmakers Hold Hearing on CBD Medical Marijuana. Wisconsin legislators Wednesday heard from families of children with seizure disorders, who pleaded with them to pass a pending CBD medical marijuana bill.

Harm Reduction

Cincinnati Gets Its First Needle Exchange Program. The first needle exchange program in the Southwest Ohio/Northern Kentucky region is open for business. The Cincinnati Exchange Program becomes the third in Ohio, with others already operating in Cleveland and Portsmouth. The needle exchanges have been proven to reduce the spread of HIV, Hep C, and other blood-borne infectious diseases.

Prescription Drugs

Prescription Drug Database Bill Wins Missouri House Vote. A bill that would establish a prescription drug database has won a vote in the House, but senators, citing privacy concerns, said there is little chance of it moving forward in their chamber. The bill would create an electronic database managed by the state health department that would share information about prescriptions, patients, and doctors. The bill is House Bill 1133.

International

Mexico City Decriminalization, Regulation Bill and Mexican National Drug Reform Bill Introduced Today. In Mexico City, legislators for the federal district introduced a bill to decriminalize the possession of up to five grams of marijuana and remove the option of incarceration for possession of small amounts of other drugs. The bill would also allow for limited regulated marijuana sales. The second, national, bill would reschedule marijuana and allow for its medical use. Look for a Chronicle feature article on this soon.

Dark Web Drug Sales Site Busted. German and Dutch authorities have arrested five men in a sting directed at an internet drug sales portal. The men were connected to Black Market Reloaded and its successor web site, Utopia. Undercover police purchased drugs and weapons through the web sites, they said, and seized computers, hard drives, USB sticks, and a Bitcoin wallet containing $680,000 worth of the electronic currency.

More Than 100,000 Sign British Petition for Review of Drug Laws. Green Party MP Caroline Lucas set up an online petition urging the British government to order a cost-benefit analysis and impact assessment of British drug laws within the next year. It has now achieved the benchmark of 100,000 signatures, which means it must be addressed by the Backbench Business Committee. Sign-ons accelerated after actor and comedian Russell Brand joined with the online campaign group Avaaz to encourage its 1.1 million members to sign up.

DC City Council Voting on Marijuana Decriminalization Today

http://stopthedrugwar.org/files/dc-city-council-chambers.jpg
DC city council chamber

Things are looking for good for a vote for marijuana decriminalization in the DC city council this afternoon. From Phil's "Chronicle AM" drug policy roundup yesterday:

DC City Council Votes on Decriminalization Tomorrow. The DC city council is expected to vote Tuesday to approve the "Marijuana Possession Decriminalization Amendment Act of 2014 (Council Bill 20-409)" would eliminate the threat of arrest for possessing or using marijuana and ensure that people are no longer saddled with life-long convictions that make it difficult to obtain employment and housing. Instead of arresting people the bill would impose a $25 civil fine for possession and a $100 civil fine for smoking marijuana in public places, as well as forfeiture of the marijuana and any paraphernalia used to consume or carry it.
 

At $25 per violation -- less than most parking tickets, and less than the $100 fine originally proposed for the bill, the legislation would be a really nice step forward. (On the other hand, if one counts the value of the marijuana that police will still seize, the net cost might still be more than a parking ticket.)

Chronicle AM -- January 27, 2014

Florida's medical marijuana initiative will go to the voters in November, the DEA administrator is being both jeered and cheered for her criticism of President Obama's remarks on marijuana, the Supreme Court makes it harder to punish drug dealers for deaths related to their wares, and much more. Let's get to it:

Drug War Chronicle takes no position on the game.
Marijuana Policy

DEA Head Criticizes Obama Marijuana Remarks, Faces Calls to be Ousted. DEA Administrator Michele Leonhart last week got a standing ovation from a convention of sheriffs when she criticized President Obama's remarks on the relative safety of marijuana compared with alcohol. But now, drug reformers are calling for her head.

Colorado and Washington NORML in Superbowl "Bud Bowl" Challenge. The contenders in Sunday's NFL Superbowl game, the Denver Broncos and the Seattle Seahawks, both come from states where marijuana is legal. In honor of their hometown teams and their respective states' legal marijuana status, NORML chapters in Washington and Colorado have engaged in a friendly wager. If the Denver Broncos win, WA NORML has agreed to dress in Bronco colors of blue and orange and sing Karaoke-style Colorado's (second) official state song "Rocky Mountain High" by John Denver. If the Seattle Seahawks win, CO NORML will do the same, but in Seahawk blue and green and singing "Purple Haze" by Jimi Hendrix, a native son of Seattle. [Ed: StoptheDrugWar.org has no position on either the game or the wager.]

New Jersey State Senator Announces Plans to Introduce Marijuana Legalization Bill. State Sen. Nicholas Scutari (D) said late last week that he plans to introduce a bill to legalize marijuana. The bill is not yet filed, but envisions language that would tax and regulate marijuana like alchohol.

Harris County (Houston) DA Says Decriminalize It. Responding to Texas Gov. Rick Perry's (R) remarks last week in Davos that he supported decriminalization of marijuana possession, Harris County DA Devon Anderson said she agrees with his call for decriminalization.

Seattle City Attorney Wants More Marijuana Stores. Seattle City Attorney Pete Holmes last Thursday reiterated his request that the Washington State Liquor Control Board increase the number of marijuana retail stores allowed in the city. The board has set the number at 21, but Holmes has said that is not going to be enough.

Oregon Marijuana Legalization Referendum Bill Filed. State Sen. Floyd Prozanski (D-District 4) and several cosponsors have introduced Senate Bill 1556, which would legalize, tax, and regulate marijuana possession and commerce for adults. If passed by the legislature, the measure would then go before voters on the November ballot.

Medical Marijuana

Florida Supreme Court Approves Medical Marijuana Initiative -- It's Going to the Voters! The Florida Supreme Court Monday removed the final obstacle to the state's medical marijuana initiative appearing on the November ballot. It rejected a challenge to the measure's language by Attorney General Pam Bondi (R). The initiative has already had enough signatures validated to qualify. Click on the link to read the opinion and the text of the initiative.

Guam Medical Marijuana Bill Now Calls for Referendum. Sen. Tina-Muna Barnes, sponsor of medical marijuana Bill 215, announced Monday that she has rewritten the bill "to allow for a referendum, thus placing the question before the People of Guam in the 2014 General Election." She made the change, she said, because "the overwhelming majority of senators from both parties felt that an issue of this importance should be decided by the people directly."

Medical Marijuana Dispensary Licenses Set To Be Awarded In Massachusetts. The state Department of Public Health says it hopes to award up to 35 medical marijuana dispensary licenses this week. More than a hundred applications have been submitted. State law allows up to five dispensaries in each county in the state.

Drug Testing

Bangor (PA) School District Wants Random Drug Tests for Teachers. A policy that would make the Bangor Area School District the only one in the state to require random, suspicionless drug testing of teachers is part of negotiations for a new union contract. The contract being discussed wouldn't impose random drug testing, but would require teachers to put it to a vote. The issue came to the fore in the area after a teacher died of a heroin overdose in the apartment of a wrestling coach in 2009.

Illinois Welfare Drug Testing Bill Introduced. State Rep. Dwight Kay (R-Glen Carbon) has introduced a bill that would require welfare applicants to undergo a drug test before becoming eligible to receive benefits. House Bill 4255 does not include an intermediary step of drug screening to determine which applicants are likely to be drug users, but goes straight to testing all applicants. The federal courts have found similar laws unconstitutional.

Sentencing

US Supreme Court Restricts Heroin Death Sentencing Enhancement. The US Supreme Court ruled Monday that a heroin dealer cannot be held liable for a customer's death if the heroin use was only a contributing factor and not necessarily the sole cause. Federal law imposes a 20-year mandatory minimum sentence when "death or serious injury results from the use" of an illegal drug, and prosecutors have used the statute to win the tough sentences, but the high court held Monday that prosecutors must prove that the drug was the specific cause of death, not just a contributing factor. The case is Burrage v. United States.

San Francisco Jail Population Dropping Because of Decrease in Drug Arrests. A report from the San Francisco board of supervisors' budget analysts says the jail population has dropped because of decreased drug arrests and city policies that promote alternatives to incarceration. The jail population is down 30% since 2008. The report comes as supervisors wrangle over whether the city needs a new jail and how big it should be.

Law Enforcement

DEA Busts Bitcoin Exchange CEO for Silk Road Money Laundering. Charlie Shrem, the CEO of BitInstant, a Bitcoin exchange, has been arrested by the DEA and is charged with money laundering for selling over $1 million in Bitcoins to users of the Silk Road dark web drug sales site, who used the currency to buy drugs there. Shrem faces federal money laundering charges. Shrem and an unnamed coconspirator were both charged. "Hiding behind their computers, both defendants are charged with knowingly contributing to and facilitating anonymous drug sales, earning substantial profits along the way," DEA agent James Hunt said in a release.

Virginia Bill to Criminalize "Secret Compartments" Filed. A bill introduced by state Sen. Chap Petersen (D-Fairfax) would make it a crime to knowingly have a secret compartment in a car -- even if there isn't anything in it. The bill, Senate Bill 234, makes having such a compartment a felony and defines a "false or secret compartment" as any enclosure that is integrated into or attached to a vehicle or vessel, the purpose of which is to conceal, hide, or prevent the discovery of a person, controlled substance, or other contraband.

International

Mexican President Invites Anti-Cartel Vigilantes to Join Security Forces. Mexican President Enrique Pena Nieto said last Thursday that anti-cartel vigilantes or militias were a result of institutional weakness within national security forces and asked them to join those same security forces. He asked them to do "to do it by observing the principles and formalities of the law, fulfilling the requirements to become part of the security corps." The vigilantes are engaged in ongoing battles with the Knights Templar cartel in the state of Michoacan.

Dutch MP Calls on Government to Allow Marijuana Growing Pilot Projects. Labor MP Marith Rebel called last week for Justice Minister Ivo Opstelten to allow experiments with the legal production of marijuana. "Turning a blind eye to the fact the cafes are selling marijuana but not recognizing the fact they also have to buy it is helping criminals," Rebel said. Opstelten last month rejected calls from local councils to allow regulated grows, even though polls show majority support for the move.

New Zealand Greens Will Push for Marijuana Decriminalization, But Not Too Hard. New Zealand's Green Party says it will push for decriminalization in any post-election negotiations with Labor, but that the issue will not be a deal breaker. "I would like to progress a vast amount of our policy, and that would be one," said party coleader Metiria Turei. "We believe a drug-free lifestyle is the healthiest, but we don't believe people should be convicted of a crime, adults, if they smoke cannabis. So we still consider decriminalization is the wisest policy." But she also said the party had no bottom lines as it ponders the prospect of a coalition government with Labor.

"Obamacare" Heroin Hits the Market

Like any other businessmen seeking to differentiate their product from similar competitors, heroin dealers come up with brand names, too. Among the latest is this entry from Massachusetts: "Obamacare"

This photo comes courtesy of the Massachusetts State Patrol, whose troopers seized 1,250 packets of heroin stamped "Obamacare" or "Kurt Cobain" during a Friday morning traffic stop.

Branding heroin is nothing new; legendary New York City heroin dealer Frank Lucas had his "Blue Magic" back in the 1970s. In recent years, the trend has continued, with names such as "Bugs Bunny," "Buddha," "Bin Laden," and "LeBron James" all making appearances, some for more obvious reasons than others.

"Kurt Cobain" I can understand, from a heroin marketer's viewpoint. This shit will blow your brains out.

But I'm not sure what message dealers are trying to convey with the "Obamacare" brand. Is this stuff gonna kill you as dead as socialized medicine? Or is it gonna bliss you out like knowing you have access to reasonably priced health insurance despite preexisting conditions?

Location: 
MA
United States

Chronicle AM -- November 4, 2013

Remember Bernie Goetz? He made the news again over the weekend, and so did Florida's medical marijuana initiative. There's also drug policy news from around the world. Let's get to it

Colorado medical marijuana dispensaries like this one could reopen as adult pot stores on January 1. (wikipedia.org)
Marijuana

Let A Hundred Pot Shops Bloom…in Colorado. The Colorado Marijuana Enforcement Division reported late last week that it has received applications from 136 people seeking to open adult use marijuana retail stores. By law, only people currently operating medical marijuana businesses could apply. Those who applied by the end of October will have decisions on their applications before year's end, meaning they could open on January 1, the earliest date adult marijuana sales will be allowed in the state.

NYC Subway Vigilante Bernie Goetz Busted in Penny Ante Marijuana Sting. The New York City man who became a national figure after shooting four teens who asked him for money on the subway back in 1984 was arrested last Friday over a $30 marijuana sale. Bernie Goetz is accused of selling the miniscule amount of marijuana to an undercover officer.

Medical Marijuana

Florida Lawmakers Oppose Medical Marijuana Initiative. Florida House and Senate leaders said late last week that they will join Attorney General Pam Bondi (R) in asking the state Supreme Court to block a medical marijuana initiative from going to the ballot. "We certainly don't want a situation like they've got in Colorado," explained state Rep. Doug Holder (R-Venice). Petitioners have gathered only about 200,000 of the more than 600,000 signatures they need to make the ballot. They have until February, unless the state Supreme Court puts the kibosh on the effort.

Florida Governor Candidate Supports Medical Marijuana Initiative. Candidate for the Democratic gubernatorial nomination Nan Rich said last Friday she supports a proposed medical marijuana ballot initiative. "I’ve seen the research, I’ve studied the issue, and I’ve met with patients who clearly benefit and desperately need medically prescribed cannabis," Rich said in a statement. "That's why I’m signing the petition to get this important measure on the ballot in 2014 and I’m calling on all of my friends and supporters to do the same.  There is simply no reason patients should suffer when an effective, safe, and organic remedy is readily available."

Washington State Regulators to Hold Hearing on Controversial Medical Marijuana Plans. The Washington state Liquor Control Board announced last Friday it will hold a hearing November 13 in Lacey to take public testimony on proposed changes to the state's medical marijuana system. Regulators have issued draft recommendations that would reduce the amount of medical marijuana patients could possess and end their ability to grow their own, among other things.

International

Canada SSDP to Hold National Conference in Vancouver. Canadian Students for Sensible Drug Policy (CSSDP) will hold its sixth annual conference on November 22-24 in Vancouver, BC. Featured speakers will include Donald McPherson, head of the Canadian Drug Policy Coalition; Dana Larsen, director of Sensible BC and the Vancouver Dispensary Society; and Missi Woolrdige, director of DanceSafe, among others.

Hong Kong Docs Criticize Government Drug Testing Plan. The Hong Kong Medical Association said Monday that a government plan to allow police to test anyone for drug use based on "reasonable suspicion" is flawed and violates basic human rights. The local government began a four-month consultation on the plan in September, and now the doctors have weighed in. The association said that drug testing was an unproven method of reducing drug use and resources should instead be devoted to prevention and education campaigns and cooperation with mainland police against drug trafficking.

India to Greatly Expand Opiate Maintenence Centers. Responding to an increase in the number of injection drug users, the Indian government is moving to expand the number of its Opiate Substitution Therapy (OST) centers six-fold, from a current 52 to 300 by the end of the year. Drug user groups, including the Indian Drug Users Forum, and harm reduction groups, such as Project Orchid have been involved in planning the expansion. It's not clear what drug the Indians are using in OST. 

Ireland Parliament to Debate Marijuana Legalization This Week. A private motion by independent Dail, or Irish parliament, member Luke "Ming" Flanagan will be debated on Tuesday and Wednesday. Flanagan's bill would make it legal to possess, grow, and sell marijuana products.

Cartel Violence Flares in Mexican Border Town. Sunday shoot-outs between rival drug trafficking organizations and between traffickers and soldiers left at least 13 people dead in the Mexican border town of Matamoros, just across the Rio Grande River from Brownville, Texas. Four men and a woman were killed in clashes between rival gangs, and eight more died in fighting with Mexican Marines. Somewhere north of 75,000 people have been killed in violence since former President Felipe Calderon called out the armed forces to wage war on the cartels six and a half years ago. Meanwhile, the drugs continue to flow north and the guns and cash flow south.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Drug War Rolls On With 1.5 Million Arrests Last Year

The FBI Monday released its annual Uniform Crime Report, and the numbers show that the war on drugs continues to roll right along. Despite marijuana legalization in two states and increasing public support for policy alternatives to perpetual drug war, police arrested slightly more drug offenders than the previous year, with drug arrests accounting for nearly 13% of all arrests for any offense.

The data showed 1,552,432 arrests for drug offenses last year, some 21,000 more than the previous year. Nearly half (48.3%) were marijuana offenses, down slightly from 49.5% the previous year.

That is just under three quarters of a million (749,825) pot arrests last year, down a negligible 8,000 from 2011. Some 87% of all marijuana arrests were for simple possession, meaning that 658,231 people got popped just for holding a little weed. That's the equivalent of arresting every resident of Memphis, Boston, or Seattle. Another 91,593 were arrested for growing or selling the stuff.

Drug law violations constituted the largest number of arrests in any offense category, outstripping driving under the influence (1.28 million arrests), larceny/theft (1.28 million), simple assault (1.12 million arrests), disorderly conduct (544,000), all violent crime combined (521,000), and drunkenness (511,000). Only the number of all property crime arrests combined (1.65 million) exceeded the number of drug arrests.

The drug war juggernaut cruised on even as violent crime increased in 2012 -- the first increase in six years. Violent crimes -- rape, robbery, murder, aggravated assault -- rose 0.7% over 2011, prompting advocates to call on law enforcement to concentrate on violent crime, not drug users.

"As a former prosecuting attorney myself, I believe it is irresponsible to squander our limited law enforcement resources on this disastrous public policy failure," said Dan Riffle, Marijuana Policy Project federal policies director. "That is especially true when so many violent crimes remain unsolved. Every second spent arresting and prosecuting adults for marijuana is time that could have been spent preventing and solving real crimes."

"Each one of those arrests is the story of someone who may suffer a variety of adverse effects from their interaction with the justice system," said Law Enforcement Against Prohibition (LEAP) executive director Neill Franklin, a former Maryland narcotics officer. "Commit a murder or a robbery and the government will still give you a student loan. Get convicted for smoking a joint and you're likely to lose it."

The Other Reason Bloomberg's Wrong About Stop and Frisk

The other piece of big news today was a federal judge finding New York Police Department's "stop and frisk" program unconstitutional. Judge Scheindlin used some pretty scathing language in her nearly-200 page opinion. Phil's article is here.

Mayor Bloomberg has vowed to appeal the ruling, claiming that the stop and frisk practice works and makes the city safer. But as I pointed out in a recent post, while there is research suggesting NYC police have done a lot of good innovating, so far at least the research has not borne out stop and frisk as being one of them.

That is to say, there are other things police do in New York, besides stop and frisk, that have produced a larger than average crime drop than other cities. And they also do stop and frisk, which research hasn't found to help with that.

One more note for now is that we have also written, and more extensively, about NYC as the world's marijuana arrest capital. This is different from the stop and frisk practice, but stop and frisk undoubtedly fuels it.

DEA to Pay $4.1 Million to Man Forgotten in Cell

The DEA has agreed to pay $4.1 million to San Diego college student Daniel Chong after rounding him up in a drug sweep last year and then forgetting him in a holding cell for five days without food or water.

UC San Diego student Daniel Chong
Chong attorney Eugene Iredale announced Tuesday that he reached a settlement with the Justice Department. He didn't even have to file a lawsuit.

Chong's not-so-excellent adventure began on the night of April 20, 2012, when the engineering student went to a friend's house in University City to celebrate the pot-smokers' holiday. He was unaware that the house had been under surveillance by a federal drug task force, and had slept over when DEA agents raided the place early the next morning.

Agents found 18,000 ecstasy tablets, as well as marijuana and several weapons in the home. They also found Chong sleeping on the living room couch. DEA agents transported Chong and six other people in the house to the DEA's San Diego office for follow-up questioning.

After questioning, DEA agents decided against charging him and said they would release him. But instead, he was returned to a temporary holding cell -- and forgotten. Chong spent the next four days in the cell without food or water. He said he resorted to drinking his own urine, became delirious, and broke his glasses, using shards from them to cut the message "Sorry, mom" in his own forearm.

Chong said that despite repeatedly pounding on the cell door and calling for help, no DEA personnel came to his assistance. The DEA later admitted that its agents "accidentally" left Chong in the cell and publicly apologized for the oversight.

Neither DEA headquarters in suburban Washington nor the San Diego office has commented on the settlement. The incident was investigated by the Justice Department's Office of the Inspector General, but the results of that investigation have not been released.

San Diego, CA
United States

Two More Reasons Why Ray Kelly Is Full of It and Shouldn't Head DHS

Kally with outgoing DHS secretary Janet Napolitano
Criticisms have swirled around NYPD Commissioner Ray Kelly''s record on the "stop and frisk" practice, particularly since Sen. Chuck Schumer (D-NY) suggested him for Homeland Security secretary last week and Pres. Obama spoke supportively. Conor Friedersdorf of The Atlantic penned "Prominent Democrats Are Now Comfortable With Racial and Ethnic Profiling," asking "How else can one interpret President Obama and Senator Chuck Schumer saying that the NYPD's Ray Kelly would make a good secretary of Homeland Security?" In Reason's July issue (published before the president's comment), Jacob Sullum makes a case that the stop and frisk program constitutes harassment and is unconstitutional. An interview by Jennifer Gonnerman with the admittedly disgruntled ex-NYPD officer Pedro Serrano published last May in New York magazine paints a picture of New York stop and frisks as corrupt or even criminal.

Kelly for his part has doubled down, claiming in a Wall Street Journal editorial that the stop and frisk practice is part of good policing, a reason for New York City's dropping crime rate which has saved "7,383 lives," most of them young men of color. But Alex Pareene has provided a point-by-point rebuttal to the Kelly piece in Salon.com. And MSNBC "Morning Joe" co host Mika Brzezinski pushed back on the claim in an interview with Kelly yesterday, pointing out "... the numbers... show that the people who are stopped and frisked are primarily minorities and primarily end up to be found doing nothing wrong. So one of the arguments would be that going up to people who are doing nothing wrong is not stopping crime -- it's breeding resentment and playing a dangerous game of profiling that could explode at some point." (Quote via Mediaite and Mike Riggs.) A "room for debate" collection in The New York Times yesterday offers opinions on both sides of the Kelly question.

chart from the Zimring article
One question I've not seen asked directly is, what does academic research say about stop and frisk? A look online shows that the leading scholar researching New York City's crime drop is UC-Berkeley professor Frank Zimring. Zimring is the author of a 2001 book, "The City that Became Safe: New York's Lessons for Urban Crime and Its Control." In August of that year he published a Scientific American article highlighting his findings. (It's behind a paywall for subscribers, the note about becoming a Facebook fan of Sciam notwithstanding.) An earlier version of the article can be found on Scribd, and I believe that despite its academic nature is spectacular for what it implies about the current debate.

Briefly, Zimring is a big fan of the innovations that New York City police have made in recent decades, which he credits with gaining a drop in crime going significantly beyond that seen by other cities during the same time period. Zimring is careful, however, to note that just because the NYPD tried new tactics during the time that that happened, doesn't mean that every one of those tactics was necessarily successful. There are two programs he believes were clearly effective, according to a chart on page 29 -- the targeting of "hot spots" and the destruction of public drug markets. (Though Zimring notes that drug sales did not decrease as a result of shutting down the markets -- they just shifted into less visible forms that produce less crime.)

There are three tactics Zimring believes probably were effective, according to the chart -- increased manpower, COMPSTAT management and mapping, and gun programs.

And there is one tactic Zimring points out for which it is "not known" whether it was effective or not. Care to guess which one that was? You guessed right -- it's "aggressive arrests and stops" -- the very practice for which Kelly is now loudly proclaiming success, despite the heavy criticisms that have been heaped upon it.

Which means one of two things:  Either Kelly knows that stop and frisk has not been proven to be successful, but is trying to put one over on the rest of us; or he believes it works, but without evidence, and has made key decisions about policing policy and civil liberties with insufficient basis.

Whatever one thinks about stop and frisk, and whatever further research ultimately may determine about it, there's another reason to object to Kelly's proposed DHS appointment. While conducting numerous stops and searches of New Yorkers, police have gone on to arrest many of them for minor offenses -- including marijuana possession, and at sky-high rates. This is actually a pattern common to cities large and small around the country -- police frequent certain neighborhoods, do lots of searches while they're there, and then arrest people for any small thing they find, not just for the serious crimes they' (sincerely or ostensibly) go to the neighborhoods to fight. The result is gaping-wide disparities in who gets arrested for crimes like possession -- people use drugs as much if not more in the nice parts of town, but police don't go there as much or stop many people who live there when they do. This combination of otherwise defensible targeting of high-crime neighborhoods for police presence, but combined with the strict arrest policies that have become common the last few decades, is one of the major driving forces of racial disparity in the criminal justice system, perhaps the leading one.

But the bigger problem here for Kelly is that in New York State it is illegal for police to make most of these marijuana arrests -- because marijuana is decriminalized in New York State unless the possessor has it in public view.  What researchers like Harry Levine have documented is that police in New York City have a practice of ordering people to remove any marijuana from their pockets where it was hidden, and then arresting them for having it in public view -- even though it only came into public view because a police officer coerced the defendant into displaying it!

These are illegal arrests, and they happen tens of thousands of times every year in New York City. In September of 2011 Kelly acknowledged the problem by sending a memo to NYPD officers instructing them not to do that any more. Kelly was appointed commissioner in 2002, for the second time, nine years before sending the memo . He only took action to stop this widely-known, very widespread lawbreaking by his officers, that directly violates the rights of New Yorkers, after it was repeatedly publicized in the media and taken up by legislators. And since the memo went out, NYPD officers have continued to engage in the practice about 80% as often as they did before. It's better that Kelly sent the memo compared with if he never did anything about the issue. But "too little, too late" is an understatement, and now he's aggressively defending the root stop and frisk practice that sustains the illegal arrest campaign.

Kelly may be a skillful commissioner whose work has done good in some ways for the city; I'm willing to believe that. But his unconcern for rule of law and civil rights, his apparently complete insensitivity to issues of inappropriate profiling, and his willing to propagandize in the media, make him a poor choice for Homeland Security, an area of government in which all those concerns take on special weight due to its nature. I hope that Sen. Schumer and Pres. Obama will heed the warnings. It's good to talk about race and the justice system, but if you really care about it then your actions -- whom you appoint, and for what -- are what count.

Drug War Issues

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