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Chronicle AM: MI Legalizers Hand in Signatures, CA Legislature Acts on MedMJ, More... (6/2/16)

Edibles come to Oregon, California legislators move on medical marijuana bills, NYC pot busts are on the increase again, Michigan legalizers hand in lots of signatures, and more.

Medical marijuana-related bills are working their way through the California legislature. (wikimedia.org)
Marijuana Policy

Arizona Grassroots Legalization Effort Gives Up the Ghost. The group Arizonans for Mindful Regulation (AZMFR) has halted its signature gathering campaign after acknowledging it has failed to meet its goals. The group had positioned itself as an alternative to the Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol in Arizona, which has already handed in signatures and awaits confirmation that its initiative has qualified for the November ballot. AZMFR says it is launching "vote no" campaign against the other initiative and will be back with another legalization effort in 2018.

Michigan Legalizers Turn in More Than 300,000 Signatures. Activists with MI Legalize Monday turned in some 345,000 signatures to state officials in a bid to get their legalization initiative on the November ballot. They only need 252,000 valid voter signatures, but some of the signatures handed in may not be counted because they were gathered more than 180 days before the turn in date. The legislature recently passed a bill limiting signature collection to 180 days, but the governor hasn't signed it yet.

Marijuana Edibles Are Now For Sale in Oregon. As of today, it is legal to purchase edibles from marijuana dispensaries. Up until now, edibles had only been available for medical marijuana patients. Under temporary rules established by the Oregon Health Authority, consumers can now purchase one edible containing up to 15 milligrams of THC per day.

New York City Marijuana Possession Arrests Creeping Up Again. Marijuana possession arrests rose by more than a third in the first quarter of 2016, even after the NYPD promised in 2014 that it was going to work to reduce them. Some 4,225 people were popped for pot in the first three months of this year, up from 2,960 during the same period last year. That's still well below the more than 7,000 arrested in the same period in 2014, but the trend is headed in the wrong direction.

Medical Marijuana

California Senate Approves Medical Marijuana Sales Tax. The Senate Wednesday approved a bill imposing a 15% sales tax on medical marijuana on a 27-9 vote. The measure, Senate bill 987, now goes to the Assembly. Critics have charged it will hurt poor patients, but bill sponsor Sen. Mike McGuire (D-Healdsburg) says he will amend the bill in the Assembly to ensure that low income people don't have to pay the tax.

California Assembly Approves Medical Marijuana Research. The Assembly Wednesday approved Assembly Bill 1575, an omnibus medical marijuana bill that includes provisions easing the way for research on the plant's medicinal properties. The bill specifies that it is "not a violation of state law or local ordinance or regulation for a business or research institution with state authorization to engage in the research of medical cannabis used for the medical purposes." The bill now heads for the Senate.

California Assembly Approves "Cottage" Medical Marijuana Farms. The Assembly Wednesday approved Assembly Bill 2516, which would create a new category of cultivator license for outdoor grows under 2,500 square feet and indoor grows under 500 square feet. "We are trying to ensure small medical cannabis growers on the North Coast can continue to do business as this industry moves forward," said sponsor Assemblyman Jim Wood (D-North Coast). "It is not fair to require the small farmers to adhere to the same standards as larger operations." The bill now heads for the Senate.

Drug Testing

Mississippi Welfare Drug Testing Program Screened 12,000, Got 10 Positive Drug Tests. The Mississippi law that requires drug screening for people seeking Temporary Assistance for Needy Families (TANF) funds subjected some 12,000 people to screening, but found only 175 were suspicious enough to require drug testing. Of the 175 who were tested, only 10 tested positive. The figure is less than one-tenth of 1% of the number of people screened.

International

Dutch Study Finds Legalizing Marijuana Production Beneficial for Public Health and Human Rights. A study conducted for Dutch municipalities seeking regulated marijuana production has found that legalizing it would have public health benefits by reducing violent crime, corruption, fires, and quality of life issues in residential areas. Regulating marijuana should be seen as a "positive obligation to protect human rights," the researchers said.

May Was a Bad Month for Drug War Deaths

At least seven people were killed by police doing drug law enforcement last month. Four were armed and two of them engaged in shootouts with police. Two were killed by police after vehicle chases where police claimed they were trying to run them over. One was killed during a physical struggle with police.

Four of the victims were white, two were black, and one was a Pacific Islander. The ethnicity of one -- Eugene Smith -- remains undetermined.

May's drug war killings bring Drug War Chronicle's count of drug law enforcement-related deaths this year to 21. The Chronicle has been tallying such deaths since 2011, and they have occurred at a rate of roughly one a week over that period. The Chronicle's count includes only people (police and civilians) who died as a direct result of drug law enforcement activities, not, for example, people who died in conflicts between drug sellers or people who died because they ingested bad drugs.

In May, drug war deaths occurred at a rate nearly twice the five-year average. The seven killings in May accounted for one-third of the killings tallied so far this year. Let's hope last month was an aberration and not a harbinger of a long, hot summer.

It's worth emphasizing that more than half the people killed last month were carrying firearms, and two of them turned them on police. Attempting to enforce widely-flouted drug prohibition laws in a society as heavily armed as this one is a recipe for violent encounters, as we saw last month. When the war on drugs intersects with the Second Amendment, the bullets fly.

Our count here also includes two deaths in March and one in April that had not yet been added to our tally.

Here are the latest drug war deaths:

On March 14, in Chicago, police investigating "possible narcotics activity" shot and killed Lamar Harris, 29, during a shoot-out in which three officers were also struck and wounded. When the cops approached Harris, he took off running through a dimly lit courtyard in the Homan Square neighborhood before reportedly turning and firing, hitting one officer in the back, one in the foot, and another in the chest. At least one officer returned fire, killing Harris.

On March 22, in Fredericksburg, Virginia, a Fredericksburg police officer shot and killed Travis Blair, 33, after he fled the officer's effort to pick him up for missing a court date on a drug possession charge. Officer Christopher Brossmer pulled Blair over, but Blair then drove away, dragging Brossmer with him before fleeing on foot after crashing in a ditch. A foot pursuit ensued, which ended with Brossmer shooting Blair in the leg as the pair struggled on the ground. Blair was hospitalized, but died five hours later. Police made no mention of a weapon being found, but they did find five packets of heroin inside a Marlboro package. Brossmer was later absolved of any criminal liability in the shooting.

On April 30, near Spanish Fork, Utah, a Utah County sheriff's deputy attempting to arrest Mark Daniel Bess on drug-related felony and misdemeanor warrants and a traffic-related warrant shot and killed him after he allegedly charged the officer with a knife. Police said Bess had fled from the deputy, but was found hiding behind a barn at a nearby residence. The deputy said Bess refused repeated commands to drop the knife and get on the ground and instead charged at him. The deputy fired at least two shots when Bess was 10 to 15 feet away, striking him in the head and body. He died at a local hospital hours later. He had been wanted for failure to appear in felony heroin possession case and failure to appear in another case where police caught him preparing to inject on the sidewalk in downtown Salt Lake City.

On May 1, in Alamo, Tennessee, police finishing up a 3 AM drug raid at a private residence shot and killed Army veteran Ronald Branch, 28, when he arrived at the home carrying "multiple handguns." Two Crockett County opened fire on Branch, who was pronounced dead at a local hospital. Police said Branch knew the homeowner, but they didn't know why he went to the house. The homeowner wasn't home, but police arrested another man on drug, drug paraphernalia, and marijuana possession charges. The officers involved were placed on administrative leave pending a review by the Tennessee Bureau of Investigation.

On May 5, in Gretna, Louisiana, police chasing a man who fled from them in a vehicle shot and killed Corey DiGiovanni, 36, who was the target of an ongoing heroin distribution investigation. DiGiovanni spotted narcotics officers outside a residence in Gretna and took off in his pick-up truck, leading police on a high-speed chase through the city. Police said they opened fire on him after he rammed several police cars and accelerated toward officers at an intersection.

On May 9, in St. Martin, Mississippi, police called to a Ramada Inn to investigate "possible drug activity" in a guest room shot and killed Christian Bowman, 23, after he became "aggressively combative" toward a deputy on the scene. One of the two deputies on the scene then shot him in the chest, killing him. The Mississippi Bureau of Investigation is looking into the incident.

On May 11, in San Diego, police shot and killed Thongsoune Vilaysane, 30, at the end of a car chase that began when officers investigating drug and weapons activity at a Pagel Place residence followed the car he was driving as it left the home. Police learned it had been reported stolen and pursued the driver during a short pursuit before he crashed into a parked car. Police said officers with guns drawn ordered Vilaysane to get out of the car, but he instead put it in reverse, nearly striking two officers, police said. "In defense of their (lives), four officers fired multiple rounds at the driver to stop the threat of the moving vehicle," Homicide Lt. Manny Del Toro explained in a statement. He was hit multiple times and died at the scene. The officers were wearing body cams, and San Diego DA Bonnie Dumanis has announced the videos will be released to the public after her office reviews whether the shooting was legally justified.

On May 19, in Miami, gang unit detectives on a narcotics investigation shot and killed Kentrill Williams, 22, after he allegedly grabbed a gun from his waistband. Williams was shot by Detective George Eugene. He died at a nearby hospital.

On May 24, in Park Forest, Illinois, FBI agents serving a search and arrest warrant on a high-ranking member of the Black P Stone Nation gang found him dead inside the home after a shoot-out that left two agents wounded. Melvin Toran, 50, committed suicide after the shoot-out, the medical examiner said. The raid was part of a federal sweep targeting drug trafficking by members of the Black P Stone Nation.

On May 26, in St. Paul, Minnesota, police doing a drug investigation at a residence shot and killed Eugene Smith, 29, after he allegedly fired at them from a bedroom. Police had been called to the home a week earlier on a drug complaint and had found meth, marijuana, and a rifle. When they returned the following week, they said Smith opened fire on them after they shot and killed a pit bull in the house. Smith died of multiple gunshot wounds.

Chronicle AM: MD MedMJ Delay, Ohio's Bad "Good Samaritan" Bill, No RI Referendum, More... (5/17/16)

Another New England legislature fails to act on pot legalization, Maryland's long-awaited medical marijuana program is again delayed, Wisconsin's GOP attorney general wants all employers to drug test their workers, and more.

No medical marijuana for Maryland patients for at least another year. (flickr.com)
Marijuana Policy

Chances Fade for Rhode Island Referendum on Pot Policy. For six years, marijuana legalization bills have failed to even get a vote in the legislature. This year is no exception. There has been some talk of a non-binding referendum to plumb public sentiment on the issue, but it now looks like even that is going nowhere. "A referendum on this year's ballot is unlikely," House Speaker Nicholas Mattiello told The Providence Journal in an email Monday. "I am keeping an open mind on the issue and will continue to analyze it over the summer and fall."

Medical Marijuana

Maryland Medical Cannabis Commission Announces Continuing Delays in Implementing Program. The commission, which is charged with establishing the state's medical marijuana program, announced Tuesday yet another delay in getting the program up and running. The state approved medical marijuana more than two years ago, in April 2014, making this one of the slowest roll-outs yet. The commission now says patients probably won't have access to medical marijuana until the late summer of 2017.

Drug Testing

Wisconsin Attorney General Wants Every Workplace to Test for Prescription Drugs. Attorney General Brad Schimel (R), championing his Dose of Reality program aimed a prescription opioid use, has called on all employers in the state to institute drug testing programs. "We have 163,000 in Wisconsin abusing opiates in some manner. We need to get them help," Schimel said.

Heroin and Prescription Opioids

Ohio Legislature Considers 911 "Bad" Samaritan Law That Could Increase Overdose Deaths. As early as Wednesday, the Ohio Senate could consider a bill, House Bill 110, that was originally designed to save lives but has been amended so badly it could do more harm than good. The original bill was modeled after laws in more than 30 states known as 911 Good Samaritan laws that provide people who call 911 to report drug overdose immunity from arrest for drug possession. The Ohio bill, which some are calling a 911 "Bad" Samaritan law, was amended in committee in ways that would make people less likely to call 911; health experts warn people could die as a result. The bill would limit the number of times people could get immunity from prosecution for reporting an overdose and it requires medical providers to give patient information to police.

Law Enforcement

Texas Trucking Company Owner Asks Supreme Court to Hear Case Against DEA. The owner of trucking company whose semi was used without permission by DEA agents in a failed Zetas sting that left the driver dead wants the US Supreme Court to take up his case. Craig Patty, the owner, had filed a $6.4 million lawsuit for damages in the 2011 incident, which led to a wild shoot-out in northwest Houston. A New Orleans-based appeals court throw out his case in March; now, Patty wants it reinstated. A Patty employee working as a DEA informer took the truck to the Mexican border, then drove a load of Zetas marijuana to Houston, where DEA and local police would swoop in and make arrests, but the truck was attacked before the bust could go down.

Chronicle AM: Global Marijuana Marches, Voters Split on Legalization in MA Poll, More ... (5/9/16)

They marched for weed in Buenos Aires and Rio de Janiero, New York and Toronto, and many other cities; a Massachusetts poll shows a dead heat for legalization there, Missouri looks set to vote on medical marijuana this year, and more.

Marijuana Policy

Massachusetts Poll Shows Voters Evenly Split on Legalization Initiative. A new Suffolk University/Boston Globe poll has a ballot proposal to legalize marijuana trailing narrowly, but within the poll's margin of error. The poll had support at 43%, with 46% opposed. The margin of error is +/- 4.4 percentage points. This is a sobering poll result for legalization fans; initiative experts like to see support in the 60% or above range before a campaign begins.

Medical Marijuana

Medical Marijuana Local Issues on California June Ballot. Two northern California counties and two northern California cities will be voting on medical marijuana-related issues in the June 7 election. In Nevada County, Measure W would prohibit all outdoor marijuana grows and limit indoor grows to 12 plants; in Yuba County, Measure A would allow limited outdoor marijuana cultivation and Measure B would authorize one dispensary for every 20,000 residents; in Sacramento, Measure Y would impose a 5% gross receipts tax on cultivation and manufacturing businesses (requires two-thirds majority); and in Davis, Measure C would allow the city to impose a tax of up to 10% on businesses selling marijuana, although it doesn't currently allow them.

New Approach Missouri Medical Marijuana Initiative Campaign Hands in Signatures. Supporters of the group's medical marijuana initiative handed in some 260,000 raw signatures Sunday. They only need 167,000 valid voter signatures to qualify for the November ballot. Even if 30% of the signatures are disqualified, campaigners would still have enough to qualify.

Drug Testing

Alaska Republicans Endorse Drug Testing Welfare Recipients. At its annual convention at the end of April, the state Republican Party endorsed mandatory drug testing of welfare recipients. The notion was voted in as a plank in the state party platform.

International

Global Marijuana Marches All Over the Place. This past weekend was the date for the annual world-wide Global Marijuana March, and march they did in an estimated 829 cities in 72 countries. Thousands came out in Buenos Aires, thousands more in Rio de Janeiro, thousands more in Cologne, Germany, and an estimated 20,000 in Toronto, among others. The US also saw marijuana marches in Texas and New York City, among other places.

Colombia Authorizes Use of Glyphosate for Manual Coca Fumigation. Less than a year after the country banned the aerial spraying of the herbicide glyphosate to kill coca plants, Colombia's National Narcotics Council has authorized the use of the plant-killer in manual eradication. The move comes as coca cultivation is reportedly on the rise in some parts of the country.

Chronicle AM: Bumper Afghan Opium Crop, No Monopoly Needed for MJ Research, Says State, More... (5/5/16)

It's harvest time in Afghanistan and the poppy crop is bountiful, the State Department says UN drug treaties don't require a NIDA monopoly on research marijuana, CBD bills get signed by the governor in Alabama and go to the governor in Oklahoma, South Dakota's internal possession law is obstructing sentencing reforms, and more.

It's a bumper crop of opium poppies for Aghanistan this year. (unodc.org)
Marijuana Policy

Massachusetts Legalization Foes Attack Marijuana Potency. The anti-legalization Campaign for a Safe and Healthy Massachusetts, led by Gov. Charlie Baker (R), Boston Mayor Martin Walsh (D), and House Speaker Robert DeLeo (D), is set to make an issue of marijuana potency as it attempts to blunt support for the state's legalization initiative. It's a 21st Century version of former drug czar William Bennett's "not your father's marijuana."

Oregon To Allow Recreational Edibles Sales Beginning in June. The Oregon Health Authority issued draft temporary rules Wednesday that will allow the sale of marijuana edibles to recreational users at medical marijuana dispensaries beginning in June. Recreational pot shops aren't open yet, but adults who want to purchase marijuana have been able to do so at dispensaries. Now, they will be able to buy edibles there, too.

Medical Marijuana

State Department Says NIDA Monopoly on Research Marijuana Unnecessary. The Bureau of International Narcotics and Law Enforcement at the State Department has gone on record stating that the United States could issue multiple licenses for the cultivation of cannabis for medical and scientific purposes without violating the United Nations Single Convention on Narcotic Drugs treaty. The statement came in response to a direct request from Senator Kirsten Gillibrand (D-NY) regarding whether issuing multiple licenses to grow medical marijuana was a violation of the Single Convention. The State Department's interpretation is at odds with that of the Drug Enforcement Administration (DEA) which has always maintained that the treaty only allows a single license, which is granted to the National Institute on Drug Abuse (NIDA). This has created what is referred to as the "NIDA monopoly on cannabis," which has stalled medical cannabis research for years.

Alabama Governor Signs CBD Medical Marijuana Bill. Gov. Robert Bentley (R) Wednesday signed into law "Leni's Law," House Bill 61, which will allow the use of CBD cannabis oil to treat people suffering from debilitating seizures. The bill is named for Leni Young, a child whose family had to move to Oregon because her CBD treatment was illegal in Alabama. The family reports a dramatic reduction in seizures since using cannabis oil.

Oklahoma Legislature Approves CBD Cannabis Oil Bill. The House Wednesday voted 69-14 to approve a bill expanding the medicinal use of CBD cannabis oils. Last year, the state approved CBD cannabis oil, but only for people under 18. This bill, which now awaits the governor's signature, removes that age restriction.

Heroin and Prescription Opioids

Connecticut Bill Would Increase Penalties for Synthetic Opioids. The legislature is considering House Bill 5524, which changes the definition of narcotic substances to include fentanyl and its derivatives. This would expose fentanyl sellers to up to 15 years in prison, as opposed to the up to seven years in prison they currently face.

Drug Policy

South Dakota's Internal Possession Laws An Obstacle to Sentencing Reform, Report Finds. Criminal justice reforms have slowed the growth of the state's prison population, but South Dakota is still locking up too many drug offenders because of a state law that makes ingestion of a controlled substance a felony. That's the bottom line of a new report issued Thursday by the Urban Institute's Justice Policy Center.

Drug Testing

Wisconsin Governor Signs Unemployment Benefits Drug Testing Order. Gov. Scott Walker (R) Wednesday signed an emergency order mandating drug testing for people seeking unemployment benefits. Those who refuse the drug test will have their benefits denied; those who fail it must undergo drug treatment and a job skills assessment in order to retain benefits. The rule will take effect when published later this week.

International

High Yields for Afghanistan's Poppy Crop This Year; Taliban Happy. Farmers and officials in Helmand Province, the heartland of Afghan opium production, are reporting high yields thanks to abundant rainfall and the cancellation of government eradication campaigns. Taliban members were taking part in return for wages and taxes, in cash or in kind, as well as recruiting new members from among the seasonal laborers who scrape the resin from the poppy pods. "We are happy that we had a good harvest this year compared with previous years," said Abdul Rahim Mutmain, a farmer in Musa Qala district. "There is no security concern for a single laborer being checked or robbed by the police," Mr. Mutmain said. "The entire district is under Taliban control and the bulk of the harvesters are Taliban." He added, "Actually, this is the Taliban regime -- you can take your narcotics anywhere or anytime you want to sell them."

Video Killed the Drug Conviction: Chicago Narcs Busted Lying Through Their Teeth [FEATURE]

Part 10 of an occasional series on police and prosecutorial misconduct by Clarence Walker, cwalkerinvestigate@gmail.com.

It was just another marijuana bust by Chicago's crack dope squad and should have resulted in an easy conviction, but thanks to a forgotten camera, things didn't exactly work out the way the cops planned. Now, the pot dealer is free, he has a bunch of cash in pocket, and it's the cops who are facing justice.

It went down on June 6, 2013, when three Chicago Police narcotics officer and a pair of suburban Glenview police officers pulled over Joseph Sperling on the pretext that he had failed to properly use his turn signal, then claimed Sperling told them there were drugs in his vehicle. The cops said they found marijuana in plain view and arrested Sperling on marijuana possession and distribution charges. Business as usual, so far.

But when it came time to go to court the following March, things went south for the cops. Prosecutors had been questioning Chicago PD narcotics officer William Pruente, who said in sworn testimony that when police pulled over Sperling they immediately smelled marijuana and ordered him to exit the vehicle and stand at the rear of the car.

Then, defense attorney Steven Goldman asked the veteran narc if Sperling was handcuffed after he got out of the car.

"No, he was not handcuffed," Pruente replied. "He was not under arrest at that time."

Chicago narcotic officers Sergeant James Padar and Vince Morgan and Glenview Police officers James Horn and Sergeant Theresa Urbanowski backed up Pruente's story.

Then, as Urbanowski was testifying, defense attorney Goldman dropped a bombshell. He interrupted the testimony to inform Judge Catherine Haberkorn that he needed to offer a videotape into evidence.

In a moment of courtroom drama like something out of "Law and Order," Goldman revealed that the video came from Urbanowski's police cruiser and that it flatly contradicted the sworn testimony of the police officers. The police had been lying to the court and to the judge and the video would prove it, Goldman said.

As Goldman patiently took Urbanowski back over the events she'd testified about, he played the recording and asked her to describe the difference between her original testimony and what was happening on the tape.

The footage contradicted the testimony of the police officers. Pruente had testified that Sperling had not been arrested or handcuffed until the cops had found the dope in plain view, but the video showed Pruente walking up to Sperling's car, reaching in the open window, unlocking the door, pulling Sperling out, handcuffing him, and placing him in the back seat of a patrol car. Only then did the officers move to search the car.

The video clearly showed the officers spending minutes thoroughly searching Sperling's car before finding weed and a small amount of psychedelic mushrooms in a black duffel bag.

As defense attorney Goldman noted during questioning, if the drugs had really been in plain view on the front seat of the vehicle, the officers had no need or reason to search it because they already had the drugs.

The brazen distance between the officers' testimony and what the video revealed infuriated Judge Haberkorn, who immediately granted Goldman's motion to suppress the evidence because the video showed police had neither probable cause to arrest Sperling nor a warrant to search his vehicle.

"This is very outrageous conduct," Haberkorn said from the bench. "All the officers lied on the stand today. All their testimony is a lie. There is strong evidence it was a conspiracy to lie in this case, for everyone to come up with the same lie."

Haberkorn then dismissed the criminal charges against Sperling.

"If this could happen to me, it could happen to anyone," said Sperling, then 23, during a press conference with reporters after the release of his videotaped arrest. "I just happen to be one of the lucky few that had a video that proved the officers were wrong."

The Cook County criminal justice system may have been done with Sperling, but he wasn't done with it. Shortly after the charges were dismissed, he filed a federal civil rights lawsuit alleging illegal search and seizure against the Chicago and Glenview police departments. And he won. The two cities involved settled the suit, paying Sperling $195,000 for his troubles.

Others who have been similarly victimized could do the same. Under the US Code Section 1983, citizens are allowed to sue police in federal court as a result of an illegal search and arrest if the officer acted with malice "under color of law."

In Sperling's case, attorney John Loevy argued in the lawsuit that there was insufficient legal justification for officers to stop and arrest Sperling and search his vehicle, which was done without probable cause. Those illegal actions violated Sperling's civil rights under the Fourth, Fifth, and Fourteenth amendments, as prescribed under Section 18 US Code 242. The argument was strong enough to force the cities to settle.

Cook County State's Attorney Anita Alvarez (twitter.com)
Former Houston Police homicide and narcotic gang investigator Rick Moreno told Drug War Chronicle the officers lied to protect an informant when they could simply have gone by the book and done their bust right.

"Once those officers had all the information about this guy having dope in his car they needed a warrant," Moreno explained.

But the narcs plotted a scheme disguised as a routine traffic stop to avoid having to obtain one.

"What they've done in this case was a 'wall off' technique." Moreno said, referring to a strategy most narcotic officers use to put a wall between the officer and the information provided by a snitch. And if everything goes as planned, the officer gets the dope without a warrant, they got the dope dealer and the snitch is protected."

"The biggest casualty in the war on drugs is the truth," said Chicago civil attorney Jon Loevy, who represented Sperling in his civil rights lawsuit.

"The ends justify the means," said criminal defense attorney Goldman, explaining the attitudes that drove the cops to lie on the stand. "So because they get the bad guy off the street or the drugs out of their hands, everybody's happy."

Well, not everybody, not when the lies are so blatant they cannot be ignored. The Cook County criminal justice system wasn't done with the cops caught lying on the witness stand. Sgt. Urbanowski's camera had caught them red-handed, and four of them were indicted by a Cook County grand jury on perjury, obstruction of justice, and official misconduct charges in June 2015. They all face up to five years in prison on each count. The three Chicago police officers were immediately suspended, and the Glenview police officer was later fired. Their trials got underway this week.

"The foundation of our criminal justice system rests on the concept of truthful testimony," said Cook County States' Attorney Anita Alvarez in a press statement announcing the indictments. "We expect it from our witnesses and we demand it from our police officers."

The criminal charges filed against the officers made headlines across the state and constituted another black mark against the much criticized Chicago Police Department. But the buzz around the courthouse was not just over the charges, but whether they would lead to the dismissal of other drug cases in which the charged cops were involved.

Calls to the Cook County prosecutor's office regarding whether the four indicted officers would be investigated for perjury or illegal tactics in previous drug cases have not been returned.

While Sperling won $195,000 in damages from his illegal search and seizure lawsuit, legal experts say such victories are rare. Defendants usually don't pursue such suits due to lack of funds, and if a case involving a bad search is dismissed, most defendants are just relieved the case is over and they no longer face charges, said Penn State University law professor David Rudovsky, a leading civil rights and criminal defense attorney and author of The Law of Arrest, Search, and Seizure.

Penn State law professor David Rudovsky (law.penn.edu)
Rudovsky told Drug War Chronicle there is also another reason such lawsuits are rare.

"Why would a jury award money for damages to a criminal already proven to have committed a crime?" he asked rhetorically.

Police perjury is nothing new -- the practice has even generated its own nickname, "testilying" -- but the Sperling case has renewed debate over why law enforcers resort to breaking the law.

"Police perjury in court to justify illegal dope searches is commonplace," wrote former San Francisco police commissioner Peter Keane in a much-cited article on the topic.

"I've heard some police officers say in a social setting, 'If [the defendant] is going to lie to beat the case, why can't I lie too?" Cook County Public Defender, and former prosecutor Abishi Cunningham Jr. related.

"When police lie to make a case on someone they are saying the criminal justice system doesn't work... so I'm going to do it my way," Houston civil and criminal attorney Annie Briscoe told the Chronicle.

Briscoe recalled a drug case involving police illegal search where police recovered a sizeable amount of drugs from a client of hers. Houston police claimed he resembled a fugitive they were looking for. With her client facing up to life in prison, Briscoe convinced the trial judge to throw out the charge because of illegal search and seizure through the simple expedient of showing the judge a photo of the fugitive, who looked nothing like her client.

While the judge called Briscoe's client "one lucky guy," Briscoe had a slightly different take.

"The law should be enforceable by way of truth," she said.

Police are also incentivized by the war on drugs to cut corners so they can reap monetary rewards, whether through asset forfeiture or by earning federal anti-drug grants through aggressive enforcement actions. And each bust makes their numbers look better.

As NYPD Officer Adil Polanco once revealed through a surfeit of honesty, "Our primary job is not to assist anybody, our primary job is to get those numbers and come back with them. You have to write somebody, arrest somebody, even if the crime is not committed, the number is there."

Yes, there are numerous reasons cops lie. But none of them justify the lying, or the corrosive effect such behavior has on public trust and respect for law enforcement. These Chicago police officers are about to find out just how seriously the system takes such dishonesty, especially when it is so blatant the system can't pretend it doesn't see it.

Chicago, IL
United States

Highway Drug Dog Searches: Two Diverging Trends in the Case Law [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Last year, in one of the Roberts' court's rare decisions not siding with law enforcement, the US Supreme Court ruled that police could not detain people pulled over for traffic violations in order to await the arrival of a drug-sniffing police dog. Once the traffic violation was dealt with, motorists were free to go, the court held.

"Absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s shield against unreasonable seizures," wrote Justice Ruth Ginsberg for the court's 6-3 majority in Rodriguez v. United States.

That case was a necessary antidote for police practices that evolved after the Supreme Court's decision in Illinois v. Caballes a decade earlier. In that case, the high court held the use of drug dogs during a traffic stop did not violate Fourth Amendment proscriptions against unwarranted searches and seizures because, in the court's rather involved reasoning, people carrying drugs have no expectation of privacy. Unlike the use of infra-red cameras to peer inside homes, which the court disallowed in an earlier case, the use of drug dogs would only reveal drugs, not other intimate details of one's life, so that was okay.

What came after Caballes was repeated reports of people being stopped for alleged traffic infractions on the highway, then forced to wait on the side of the road in a sort of legal limbo ("Am I under arrest?" "No." "Am I free to go?" "No.") for the arrival of a drug dog to conduct a search of their vehicles. Then, when the drug dog would "alert" to the presence of drugs, police had probable cause to search the vehicle, find the drugs, and arrest and charge the driver.

What also came after Caballes was people being arrested, convicted, and imprisoned for drug offenses after being detained for lengthy periods. Asserting that their rights had been infringed by the lengthy detentions, some of them appealed, arguing that the evidence against them should be suppressed because it was unconstitutionally obtained.

The situation festered until the Rodriguez decision was announced. Police would no longer have a free hand to hold people against their will while awaiting the drug dog's arrival. That should have reined in the cops, but it hasn't exactly worked out that way. Instead, two distinct lines of post-Rodriguez drug dog jurisprudence have emerged, one seeking to uphold and strengthen it, but the seeking to find work-arounds for drug-hunting police and their canine helpers.

Representative of Rodriguez's positive impact was last month's Kentucky Supreme Court decision in Davis v. Kentucky. In that case, an officer pulled over Thomas J. Davis for crossing the center line, administered field sobriety tests that Davis passed, then asked for Davis's consent to search the vehicle. Davis refused to consent to a vehicle search, at which point the officer had his drug dog sniff the exterior of the car, despite Davis's protests. The dog alerted, the car was searched, and police found methamphetamine and drug paraphernalia.

At trial, Davis moved to have the evidence suppressed as fruits of an unlawful search, but he lost at the trial level and reached an agreement to plead guilty while preserving his right to appeal the ruling on the motion. He was sentenced to 20 years in prison. The Kentucky Supreme Court reversed the conviction and sent the case back to the trial court.

"As recently clarified by the United States Supreme Court in Rodriguez v. United States, 135 S. Ct. 1609 (2015), a police officer may not extend a traffic stop beyond its original purpose for the sole purpose of conducting a sniff search -- not even for a de minimus period of time," the state high court concluded. "Under Rodriguez, any nonconsensual extension of the detention beyond the time taken to verify Appellant's sobriety, unless accompanied by additional grounds to believe other criminal activity was afoot, was unconstitutional… With no articulable suspicion to authorize an extended detention to search for drugs, [the officer] prolonged the seizure and conducted the search in violation of Rodriguez and Appellant's Fourth Amendment protections."

"While Davis isn't perfectly clear, it strongly suggests that the use of drug dog without reasonable suspicion a crime has been committed offends the reasonableness clause of the Fourth Amendment, said John Wesley Hall, a Little Rock criminal defense attorney, former head of the National Association of Criminal Defense Attorneys (NACDL), and author of Search and Seizure, 5th Ed.

Keith Stroup, the founder and currently counsel for the National Organization for the Reform of Marijuana Laws (NORML), liked what he saw in Davis, too.

"This is a great decision," Stroup said. "It will help a lot of drivers, but it doesn't totally write drug dogs out. With no articulable suspicion to authorize an extended detention to search for drugs, the police are out of luck."

Police erred in this case, Stroup said, but not in the sense that the court meant.

"The mistake the cops made is that they didn't lie and claim they smelled marijuana," he said. "They will learn very quickly that the first thing to say is 'I smell marijuana.' Then they can at least do a search of the passenger compartment."

Still, Stroup pronounced himself pleasantly surprised at the ruling.

"In some states, the Supreme Court is very law enforcement-oriented and willing to give police the benefit of the doubt. That this came out of Kentucky is promising," he said.

The Kentucky case shows how the courts are applying Rodriguez to protect the rights of motorists, but other post-Rodriguez cases are heading in a different direction. As Hall notes on his Fourth Amendment blog linked to above, various US district and appellate courts are bending over backwards to find ways to allow drug dog searches to continue without any reasonable suspicion a crime is being committed.

"Dog sniff by second officer while first officer wrote ticket didn't extend stop," he wrote describing a case> out of the 7th US Circuit Court of Appeals.

"Dog sniff during the normal computer checks are valid," is how he characterized another case in federal district court in Georgia.

"GA holds that a dog sniff of a car before dispatch confirms ID is valid because it didn't extend the traffic stop," he wrote about another Georgia case.

The upshot of these and similar cases is that they provide an opening for police to get their drug dog searches in simply by delaying what should be routine, quickly accomplished, procedures, such as verifying license, registration, and outstanding criminal warrants. "I severely disagree with that case law," said Hall. "It just offends every sense of justice and privacy. It makes a car a target without any reasonable suspicion whatsoever, and it essentially rewards the cop with the drug dog in his car."

And he scoffs at the reported delays in those routine procedures. "The cops deliberately delay the response," he said. "As fast as these computers are, if it takes more than 60 seconds, it's complete bullshit. Or they call in the drivers' license number and it takes forever for the call to come back, so the cop can sit there and chat with you and try to find excuses to come up with reasonable suspicion.

Clearly, Rodriguez hasn't settled the issue. While law enforcement is now somewhat constrained in the use of drug-sniffing dogs on the highway, police -- and friendly courts -- are working assiduously to find ways to continue to use them. Ironically, the current state of the law could result in not fewer but more drug dogs on the highway, because under some of these rulings, the police officer who has a dog with him can get away with a quick sniff, while the officer who has to call and wait for one to arrive would be out of luck.

And that means the litigation likely isn't over. "The Supreme Court is going to have to take this up one of these days," said Hall. "This whole idea of pulling people over with dogs smacks of Nazi Germany."

Chronicle AM: Michiganders Say Legalize, Kansas MedMj Mom Sues Over Son's Removal, More... (3/28/16)

Popular sentiment favors marijuana legalization in Michigan, Denver activists plan an initiative to approve cannabis social clubs, Florida's CBD cannabis oil law gets expanded, and more.

Shona Banda is suing the state of Kansas, local police, and a local school district over her son's removal from her home.
Marijuana Policy

Michigan Poll Has Majority Support for Legalization. A new SurveyUSA poll commissioned by Michigan marijuana activists finds support for legalization at 54%. The poll comes as activists there struggle to get legalization initiatives on the ballot.

Denver Activists Renew Push for Cannabis Clubs. Activists with Responsible Use Denver submitted ballot language last Friday for an initiative to allow for private marijuana social clubs and to allow for public pot use at special events with a permit. The move comes a year after backers of a similar measure dropped it in favor of working with city officials to craft a policy. The initiative will need 5,000 valid voter signatures to qualify for the ballot; the group says it is aiming at 10,000 raw signatures.

Medical Marijuana

Florida Governor Signs CBD Expansion Bills Into Law. Gov. Rick Scott (R) has signed into law House Bill 307 and House Bill 1313, which expands the state's CBC cannabis oil law and fixing some problems related to that law which resulted in patients not getting their medicine because of challenges setting up the industry.

Kansas Medical Marijuana Mom Sues Over Son's Removal. Activist Shona Bana last Thursday filed a federal civil rights lawsuit last Thursday over the state's questioning and removal of her 11-year-old son after he spoke up in school about her using and possessing marijuana. She is claiming the state deprived her of her civil rights by not allowing her to use medical marijuana to treat her Crohn's Disease and that local police and school officials improperly questioned her son.

MPP-Backed Ohio Initiative Cleared for Circulation. The initiative from Ohioans for Medical Marijuana, which is backed by the Marijuana Policy Project, has been cleared for circulation. Attorney General Mike DeWine last Friday approved the summary language. At least two other proposed medical marijuana initiative have been rejected by DeWine, as was an earlier version of this one.

Heroin

Pennsylvania Coroner Now Classifying Heroin Overdoses as "Homicides." Lycoming County Coroner Charles Kiessling has started listing accidental fatal heroin overdoses as homicides. "If you are selling heroin to someone and they die, isn't that homicide?" he asked. "If you are dealing drugs, you are a murderer." Most coroners in the state list heroin overdose deaths as "accidental," not "homicide."

Drug Testing

West Virginia Imposes Drug Testing on High School Students in Tech Ed Courses. All high school students in third and fourth year career technical education courses will be required to submit to drug tests beginning next school year. It's part of the Department of Education's Simulated Workplace program. It's unclear whether the drug testing complies with Supreme Court rulings that limit mandatory, suspicionless drug testing to select groups of students, but would appear to be ripe for a legal challenge.

Chronicle AM: TN Pregnant Women Drug Law Fails, AR Welfare Drug Testing Starting, More... (3/24/16)

An asset forfeiture reform bill moves in New Hampshire, Arkansas and West Virginia advance welfare drug testing, a global commission on public health calls for drug decriminalization, and more.

Medical Marijuana

Louisiana House Committee Approves Bill to Set Up Medical Marijuana Shops. The House Health and Welfare Committee Wednesday approved House Bill 446, sponsored by Rep. H. Bernard LeBas (D-Ville Platte). The bill would create a licensing scheme for the distribution of medical marijuana products. The bill now heads for a House floor vote. It must still be approved by the Senate.

More Michigan Protests Over Dispensary Raids. Dozens of patients, advocates, and supporters took to the steps of the state capitol in Lansing Tuesday to protest a new wave of raids by the Michigan State Police and local narcotics teams. Both state Sen. Coleman Young (D-Detroit) and Rep. Jeff Irwin (D-Ann Arbor) addressed the crowd.

Heroin and Prescription Opioids

Kentucky Senate Restores Funding for Heroin Fight. The Senate Wednesday agreed to restore $12 million in funding for anti-heroin efforts that had been proposed by Gov. Matt Bevin (R), but cut by the House last week. House Democrats had slashed the $32 million over two years proposed by the governor to $20 million. Now, the House and Senate will have to thrash out the difference in conference committee.

Asset Forfeiture

New Hampshire House Approves Bill to End Civil Asset Forfeiture. The House Wednesday approved House Bill 636, which would require a criminal conviction before assets could be seized and which would move seized goods from the drug forfeiture fund to the state's general fund. Gov. Maggie Hassan (D) is threatening to veto the bill, saying that because of the state's opioid crisis, this isn't the time to eliminate law enforcement resources.

Drug Policy

Hawaii Lawmakers Take Up Resolution Urging Study on Drug Decriminalization. The House Judiciary Committee today is hearing a resolution, HCR 127, that calls on the state's Legislative Research Bureau to "conduct a study on the feasibility and advisability of decriminalizing the illegal possession of drugs for personal use in Hawaii" so that it "would constitute an administrative or civil violation rather than a criminal offense." If the resolution passes both chambers, the study would be due before year's end to be ready for next year's legislative session. The study would examine Portugal's experience with decriminalization as a possible model for the state.

Drug Testing

Arkansas Welfare Drug Testing to Begin Within Days. The head of the Department of Workforce Services, Daryl Bassett, said Wednesday that the state's welfare drug testing program would get underway within "seven to 10 days." Under the program, all applicants for government aid would be screened for possible drug use and those deemed likely to have been using drugs would have to undergo drug testing. Refusal to take the drug test will result in being denied benefits for six months. Someone who tests positive can continue to receive aid if he follows treatment and recovery plans set by state officials.

West Virginia Governor Signs Welfare Drug Test Bill. Gov. Early Ray Tomblin (D) today signed into law a bill that mandates screening of all welfare applicants for drug use and drug testing those for whom case workers have "reasonable suspicion" of drug use. Applicants who fail drug tests can continue to receive benefits as long as they enroll in drug treatment and job training programs, but a second failed test could mean loss of benefits for up to a year, and a third would earn a lifetime ban.

Harm Reduction

King County Sheriff Says He Would Not Arrest Drug Users Going to Seattle Safe Injection Site. King County Sheriff John Urquhart edged ever closer Tuesday to outright support of a safe injection site in Seattle. "I guarantee you," said Urquhart, "that if you're going into a safe injection site, you will not be arrested by any of my deputies, period." But he was careful to add that while he was "intrigued" by the success of Vancouver's InSite supervised injection facility, he is not yet ready to endorse them for Seattle.

Pregnancy

Tennessee Law That Allows Assault Charges for Pregnant Drug Users Not Renewed. The state's two-year experiment with arresting pregnant drug users is about to come to an end after the legislature failed to re-authorize the law this week. At least a hundred women have been prosecuted under the program, which has been condemned by human rights, civil rights, and pregnant women's rights advocates.

International

Leading Global Health Commission Calls for Reform of Drug Policies Worldwide. A leading global public health commission is calling for new policies that would transform our approach to drug use, addiction and control worldwide, including the decriminalization of minor and non-violent drug offenses. According to a report released this morning by the Johns Hopkins Bloomberg School of Public Health and The Lancet, the war on drugs and zero-tolerance policies have undercut public health across the globe and have directly contributed to many of today's most urgent public health crises, while doing little to affect drug markets or drug use. The Johns Hopkins University -- Lancet Commission on Public Health and International Drug Policy calls for worldwide reform of drug policies, including: the decriminalization of minor and non-violent drug use, possession and petty sale; enactment of policies that reduce violence and discrimination in drug policing; increased access to controlled medicines that could reduce the risk of overdose deaths; and greater investments in health and social services for drug users. The report is based on an extensive review by the Commissioners of the published evidence, and on original analyses and modeling on violence, incarceration and infectious diseases associated with drug policies.

Chronicle AM: Joep, We Miss You; Supreme Court Rejects NE, OK Pot Lawsuit; Bud Business Going Big, More... (3/21/16)

The international drug reform movement has lost a valued member way too soon, the Supreme Court rejects Nebraska and Oklahoma's efforts to derail Colorado's pot law, a new report says the pot business is going big, Ohio medical marijuana initiatives keep hitting roadblocks, and more.

A $23 billion industry by 2020? Arcview thinks so. (wikimedia.org/hampuforum)
Marijuana Policy

Supreme Court Rejects Nebraska and Oklahoma Lawsuit Over Colorado Marijuana Legalization. The US Supreme Court today declined to hear the case brought by Nebraska and Oklahoma against Colorado's marijuana legalization law. The two states had claimed the Colorado law created an increased law enforcement burden in their states and claimed that federal marijuana prohibition trumps the state law. But the Obama administration urged the high court to reject the case, and today it did on a 6-2 vote.

Legal Marijuana Could Be a $23 Billion Business By 2020, Report Says. In its 4th Edition State of Legal Marijuana Markets Report, the Arcview Market Research and the data-analysis firm New Frontier said that the legal marijuana industry is creating thousands of jobs and is online to reach $23 billion in sales by 2020, driven largely by adult use.

Vermont House Panels Will Hold Hearing on Pot Legalization Bill on March 31. The House committees on Judiciary and on Government Operations will hold a joint hearing on the marijuana legalization bill, Senate Bill 241. The measure has already passed the Senate, and Gov. Peter Shumlin (D) supports it. If the bill passes, Vermont will become the first state to legalize it via the legislative process.  

Medical Marijuana

Ohio Attorney General Rejects Two More Initiatives. It's back to the drawing board for two more medical marijuana initiatives after Attorney General Mike DeWine found problems with their ballot language. The Medical Cannabis and Industrial Hemp Amendment, submitted by a group led by attorney and veteran marijuana activist Don Wirstshafter, had inconsistencies between its text and its summary, DeWine said. Last Friday, he rejected a fourth petition for the Ohio Medical Cannabis Amendment for similar reasons. The groups behind the initiatives will now have to gather an additional 1,000 signatures and then resubmit their initiatives.

Heroin and Prescription Opioids

New CDC Prescribing Guidelines Urge Doctors Not to Test for Marijuana. New Centers for Disease Control and Prevention (CDC) guidelines aimed at reducing opiate addiction and overdose deaths recommend that doctors stop drug testing patients for the presence of THC and discourages them from dropping patients who test positive for pot. "Clinicians should not test for substances for which results would not affect patient management or for which implications for patient management are unclear. For example, experts noted that there might be uncertainty about the clinical implications of a positive urine drug test for tetrahyrdocannabinol (THC),” the guidelines state. "Clinicians should not dismiss patients from care based on a urine drug test result because this could constitute patient abandonment and could have adverse consequences for patient safety, potentially including the patient obtaining opioids from alternative sources and the clinician missing opportunities to facilitate treatment for substance use disorder."

Asset Forfeiture

Utah Poll Has 86% Opposing Current Asset Forfeiture Laws. A new Public Policy Polling survey commissioned by Drug Policy Action, the lobbying arm of the Drug Policy Alliance, shows overwhelming dissatisfaction with the state's civil asset forfeiture laws. More than three-quarters (77%) of respondents said they were unaware of civil asset forfeiture, but when provided a brief summary, 86% supported the position that "Police should not be able to seize and permanently take away property from people who have not been charged with a crime." The poll comes as asset forfeiture reform legislation has been stalled by organized opposition from law enforcement.

Pregnancy

Tennessee Law That Criminalized Drug Use By Pregnant Women Could Be Modified. On Tuesday, lawmakers will vote to amend the state's "fetal assault" bill, which makes it a crime for women to use drugs while pregnant. The amendment being offered would only prosecute woman who are more than 25 weeks pregnant.  But advocates are calling for a better solution: don't renew the law.

International

European Drug Reform Stalwart Joep Oomen Dead at 54.Joep Oomen, a key figure in European civil society drug reform efforts, has died unexpectedly of natural causes at his home in Antwerp, Belgium. He was found by colleagues dead in bed Friday when they went looking for him after he failed to show up for a meeting.  He was 54 years old. A veteran activist with more than a quarter century of organizing under his belt, Oomen was the co-founder of numerous drug reform NGOs, including the European Coalition for Just and Effective Drug Policies (ENCOD), the Trekt Uw Plant cannabis cultivation social club in Antwerp, and the Dutch Union for the Abolition of Cannabis Prohibtion (VOC). Joep's vision of a world without drug war drew his attention beyond Europe's borders as well. He had been active with groups like Mama Coca and Friends of the Coca Leaf in working to see the coca plant treated with the respect it deserves, and had been a steady presence at organizing around the United Nations' international drug prohibition bureaucracy. We consider Joep a friend and colleague. We are shocked and saddened by his untimely departure.  

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