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City Apologizes for Worker’s Unlawful Drug, Alcohol Tests

Location: 
Pawtucket, RI
United States
The City of Pawtucket has agreed to apologize to one of its employees and to pay her legal fees after she sued over its drug testing policy. Random testing is not allowed, the ACLU said in a news release. Sinapi said that the ACLU will take action against other employers if they require testing not approved by state law.
Publication/Source: 
The Providence Journal (RI)
URL: 
http://www.projo.com/news/content/PAWTUCKET_SETTLES_DRUG_SUIT_09-24-10_A4K1OO4_v6.2076c27.html

Parent: Quaker Son Shouldn't Need School Drug Test

Location: 
PA
United States
The parent of a central Pennsylvania high school student wants her son exempted from random drug testing because integrity is a tenet of the teen's Quaker faith.
Publication/Source: 
Centre Daily Times (PA)
URL: 
http://www.centredaily.com/2010/09/22/2225556/parent-quaker-son-shouldnt-need.html

Family Sues in Missouri Dog-Shooting SWAT Raid

The Columbia, Missouri, family whose dogs were shot during a Columbia Police SWAT raid in February, video of which went viral on the Internet, filed a federal civil lawsuit Monday against the City of Columbia and 13 other defendants in US Western District Court in Jefferson City.

(click link above to view)
The raid, in which police expected to find a large quantity of marijuana and other evidence of drug dealing, turned up a miniscule amount of marijuana and a pot pipe. Jonathan Whitworth was originally charged with possession of marijuana, possession of drug paraphernalia and second-degree child endangerment, but in a plea agreement, pleaded guilty to the paraphernalia count, and the other charges were dropped.

The suit was filed by Columbia attorneys Milt Harper and Jeff Hilbrenner on behalf Jonathan and Brittany Whitworth and her seven-year-old son. It alleges that SWAT team members broke down the door, discharged weapons as they entered and again as they shot and killed one dog and wounded the other. It also alleges than Jonathan Whitworth was kicked by an officer as he lay on the floor at gunpoint, and that Brittany Whitworth and her child were held at gunpoint sitting on the floor in view of the child's dead dog.

"Defendants had no reason to use deadly force or any other force upon entering the Whitworth home," the complaint charges. "Defendants were all armed with assault weapons and side arms and other weapons. Jonathan Whitworth, Brittany Whitworth, and P. M. [the child] were not armed, were not violent, were not resisting and were no threat to Defendants or anyone else. The two pet dogs were no threat to anyone and there was no reason to use assault weapons on those two animals. Defendants, under color of law, deprived each Plaintiff of rights secured under the Constitution and laws of the United States. Defendants conspired to deprive each Plaintiff of rights secured under the Constitution and laws of the United States. Defendants refused or failed to prevent the deprivation of Plaintiffs' rights secured under the Constitution and laws of the United States."

The lawsuit seeks restitution for bullet hole and door damage to the Whitworth home, as well as medical and veterinary expenses for the dead and wounded dogs. It is filed against the officers who were on the scene.

"This is all about demanding professionalism from our law enforcement agencies," Harper said Monday. "I think when they considered the 7-year-old and the fact that he had to have counseling, pay vet bills for an injured dog and the loss of another, along with repairs to the home and the trauma of that night, they made the decision that this needed to be done," Harper said.

"Our department will discuss the matter with our risk management office and legal office and be able to comment further once we've had a chance to do that," Columbia police spokeswoman Officer Jessie Haden told the Columbia Tribune Monday afternoon. "Whatever we're able to discuss publicly and legally, we will. This incident has received an enormous amount of attention locally, and it is our intention to make the public as informed, with accurate information, as we can, without compromising the legal process."

The raid and heated public response to it has led to repeated public hearings in Columbia, and the department moved quickly to review and revamp its policy regarding the use of the SWAT team on search warrants. But it will likely have to pay for its errors in the Whitworth raid.

Columbia, MO
United States

How the Drug War Has Subjugated Poor People of Color and Nullified the Fourth Amendment (Opinion)

Michelle Alexander, a longtime civil rights advocate, litigator, and author of 'The New Jim Crow', goes where mainstream journalists fear to tread. She explains how mass incarceration in the United States has emerged as a comprehensive and well-disguised system of racialized social control -- and how those who turn a blind eye to the problem share in the blame.
Publication/Source: 
Nieman Watchdog (MA)
URL: 
http://niemanwatchdog.org/index.cfm?fuseaction=background.view&backgroundid=00486

Michigan Bill Would Allow Roadside Drug Tests

Michigan could become the first state in the nation to drug test drivers if a Republican lawmaker has his way. Last week, Rep. Rick Jones (R-Grand Lodge) announced he was filing a bill that would allow police officers to administer roadside drug tests if they have probable cause.

traffic stop scene, from "10 Rules for Dealing with Police" (buy at stopthedrugwar.org/10rules)
Jones, a former sheriff, said the roadside tests could replace what is now an expensive and time-consuming process. Currently, officers who want to test drivers for drugs must get a search warrant to take a blood sample, which is then tested by backlogged state crime labs.

"A portable drug testing kit would be an extremely powerful tool to keep unsafe drivers off our streets. With a portable kit, officers will know in minutes whether the driver is high on drugs," Jones said in a statement

"The kit has the potential to save a great deal of tax dollars by reducing the need for state crime labs to do many tests," Jones continued. "Patrol officers now have to make a judgment call whether they believe a driver is under the influence of drugs. Science has now caught up with the need, and our patrol officers should have the option of using this valuable public safety tool."

Under the proposal, suspected drugged drivers would have to submit to a preliminary saliva drug test that can detect six kinds of drugs, including marijuana, methamphetamines, and cocaine. If the preliminary test, which produces results in minutes, came back positive, additional testing would occur.

The motivation for Jones' bill appears to be his opposition to the state medical marijuana law, enacted by the will of the voters in 2008. Last month, he introduced a bill that would bar medical marijuana "clubs and bars" throughout the state. In a statement then, the former sheriff worried about "clubs where users could get high and drive away, endangering people."

Jones' legislation is actually a three-part package, with House Bill 6430 covering motor vehicles, HB 6431 covering snowmobiles and ATVs, and HB 6432 covering trains.

[Ed: Along with the civil liberties issues, this proposal deserves scrutiny based on the drug test technology in use as well. Research has found that field drug tests commonly in use by police generate frequent false positives, sometimes from mere exposure to air.]

Lansing, MI
United States

NORML Lawyers' Advice to Marijuana Suspects: STFU [FEATURE]

A panel of marijuana criminal defense attorneys on the opening day of NORML's 39th Annual National Conference in Portland Thursday were unanimous and emphatic on one thing people with pot should do when confronted by police: exercise their right to remain silent.

"Don't talk to those people," warned Oakland defense attorney and NORML board member Bill Panzer. "Their job is to throw your ass in jail. They are not there to help you."

"Don't talk to the cops," agreed Seattle defense attorney Jeffrey Steinborn. "No matter what you say to a cop, they will write down what they want to hear. They can't misinterpret stone cold silence."

"Shut the fuck up," punctuated Seattle defense attorney Douglas Hiatt, noting that people were understandably under stress when having encounters with law enforcement. People are prone to try to talk their way out of trouble, he said. "This is not the time you're going to be doing quality thinking."

Less colorful variations on the theme also came from Columbia, Missouri, defense attorney and NORML board Dan Viets, Portland defense attorney John Lucy, and Florida defense attorney and NORML board member Norm Kent. All were members of the panel "Warning: Marijuana is Still Illegal for Non-Patients! Legal Defenses and Strategies for Cannabis Consumers," moderated by Kent.

Telling pot people they have -- and should exercise -- the right to remain silent isn't anything new. Groups from the ACLU to Flex Your Rights have long offered the same counsel, as will any defense attorney if you ask him. But with millions of marijuana consumers, legions of police ready to take them down, and 800,000 marijuana arrests a year, nearly 90% for small-time possession, this panel of pot friendly legal pros clearly felt it was a message worth reiterating.

The defense attorneys had plenty of other admonitions for pot smokers, growers, and dealers, all frankly designed to help them flout laws the lawyers consider immoral. The tough warnings were, however, leavened by outbursts of laughter as they shared stories of bumbling and hapless clients.

Like Norm Kent's tale of a home in Florida where police suspected a marijuana grow was going on, but lacked sufficient evidence to obtain a search warrant. They conducted a "knock and talk," where they simply knocked on the front door to see if the resident would let them in. Kent's advice: Don't talk to the police. In fact, you don't even have to acknowledge their presence.

That's not what happened. Instead a 17-year-old opened the door to the knocking police, was asked about marijuana being grown at the residence, and blurted out, "It's my dad's dope; not mine!"

Kent got a client he wouldn't otherwise have had because the kid didn't know how to respond properly (by not even answering the door, or not opening it). "You have the right to say no," he said. "Just say no."

"Don't even open the door," said Steinborn. "Make them break it down."

Steinborn, a white-haired veteran, said he had three rules: "Only break one law at a time," he said, especially when driving. "The second rule is leave the paraphernalia at home. Learn to roll a joint!" he exclaimed. "The third rule is to always be courteous, but ask them if you're free to go."

"Don't text message," groaned Panzer. "If you've got 'Dude, I loved the purp! Can I get 3 lbs?' on your phone, they will find it, even if you deleted it."

That proscription should apply to any use of electronic media for conducting marijuana business, the attorneys said. Pot leaves on your Facebook page could help police convince a judge their request for a search warrant had merit. Photos of you proudly displaying your garden would be even more incriminating.

"Anything on email or the Internet is out there," said Steinborn.

Hire them or attorneys like them for your own good, especially if you're growing or selling, they pleaded. And don't wait until after you've been arrested.

"If you're a pot grower or dealer and you don’t have a lawyer on retainer, you're nuts," said Lucy. "If you're going to engage in felonious conduct on a regular basis and you haven't spent $250 for a lawyer…" he trailed off.

Guns and marijuana don't mix, the defense attorneys warned, citing mandatory minimum federal and state sentencing enhancements that come into play if a gun is found in the home, even if it was not used or brandished. You can have your guns or you can have your grow, they said, but you shouldn't have both or you're exposing yourself to serious time.

The war on marijuana is ultimately a war on the people who grow, sell, and use it. This NORML panel was quite frank about being on the other side of the battle and was offering up some basic training Thursday afternoon.

Portland, OR
United States

North Carolina Sheriffs Want to Know What Drugs You're Taking

Location: 
NC
United States
The North Carolina State Sheriffs' Association is seeking access to state computer records that identify which residents have prescriptions for painkillers and other controlled substances. Patient advocates say opening up people's medicine cabinets to law enforcement would deal a devastating blow to privacy rights.
Publication/Source: 
TIME (US)
URL: 
http://wellness.blogs.time.com/2010/09/09/some-state-sheriffs-want-to-know-what-drugs-youre-taking/

Michigan May Be First to Adopt Roadside Drug Testing: Cops Could Check Your Saliva

Location: 
MI
United States
Michigan drivers could become the first in the nation subject to roadside drug testing under a bill introduced Wednesday in the legislature.
Publication/Source: 
Detroit Free Press (MI)
URL: 
http://www.freep.com/article/20100909/NEWS06/9090347/Michigan-may-be-1st-to-adopt-roadside-drug-testing

State Appeals Court Upholds Halt to Drug Testing

Location: 
CA
United States
A California appeals court has upheld a temporary ban on the Shasta County school district’s policy of drug testing students in extracurricular activities as it may violate the state Constitution.
Publication/Source: 
Siskiyou Daily News (CA)
URL: 
http://www.siskiyoudaily.com/state_news/x128166880/State-appeals-court-upholds-halt-to-drug-testing

Colorado Medical Marijuana Patient Tracking Has MMJ Advocates Crying Foul

Location: 
CO
United States
Medical marijuana advocates are concerned that proposed new regulations for the industry will result in patient tracking, scaring patients away from wanting to be a part of the system. The Cannabis Therapy Institute is asking advocates to oppose the draft rules by the Colorado Department of Revenue because they say it will lead to fear.
Publication/Source: 
The Denver Daily News (CO)
URL: 
http://thedenverdailynews.com/article.php?aID=9850

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