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Two Mississippi Cops Killed in Traffic Stop Turned Drug Search

The two Hattiesburg, Mississippi, police officers killed last Saturday died after a traffic stop turned into an attempted search for drugs and other contraband. Officers Benjamin Deen and Liquori Tate become the 23rd and 24th persons to die in US domestic drug law enforcement operations so far this year.

According to the Associated Press, Officer Deen, the department's drug dog handler, stopped a car driven by Joanie Calloway for speeding. Also in Calloway's vehicle were her boyfriend, Marvin Banks, and another passenger, Cornelius Clark.

Officer Deen decided to search the vehicle and called for backup. This is the point the incident turned from a "routine traffic stop" to a drug war incident. (At a Monday eulogy for Deen, his comrades described him as an enthusiastic officer who made "many drug arrests with his dog, Tomi, at his side.")

When Officer Tate arrived, Deen told the trio to get out of the car. At that point, Banks produced a weapon and shot both officers, Deen in the face and Tate in the lower back.

Both officers were wearing bulletproof vests, but the vests did not protect them from either the head shot or the shot to the back. Both died shortly thereafter.

According to USA Today, Banks has a drug-related criminal history, an ongoing drug habit, and mental issues. He was arrested for both the sale of crack cocaine and possession of a stolen firearm in a three-month period in 2010, and possession of marijuana in 2011. In 2013, he was arrested again on crack cocaine sales charges, and last October, he was arrested for trespass at the University of Southern Mississippi. He had already done two stints on prison, and the drug charge was still pending when he was pulled over.

Banks's mother, Mary Smith, told USA Today that he smoked synthetic marijuana on a daily basis and that he had been hearing voices since being attacked and struck over the head with a pipe several years ago.

"You could tell something was wrong with him," she said. "I hate it for these families that he wasn't in his right mind."

Now, Banks is charged with capital murder, Calloway is charged with being an accessory after the fact, and Clark is charged with obstructing justice. Deen will be buried Thursday and Tate's funeral is set for Sunday.

Hattiesburg, MS
United States

Colombia Suspends Use of Aerial Herbicide to Kill Coca Crops [FEATURE]

[This article was written in collaboration with AlterNet and originally appeared here.]

No more of this. (wikipedia.org)
Colombian President Juan Manuel Santos announced today that he is halting the use of the herbicide glyphosate as part of a US-backed effort to destroy coca crops. More than four million acres of land in the country have been sprayed with the Monsanto-manufactured weed killer.

The US has paid for the program as part of its multi-billion dollar, decades-long anti-drug campaign in the country that had been (and might be again) the world's largest coca and cocaine producer. US contractors paid by the State Department do some of the spraying.

Santos acted a little more than a month after the World Health Organization (WHO) said that the herbicide is probably carcinogenic and days after the Colombian Health Ministry, citing the WHO report, recommended that the program be halted.

Critics of the spraying program had complained for years that the herbicide not only killed coca crops, but also injured people, livestock, and other plant life exposed to it. Those claims got some backing last year when Daniel Mejia, chairman of an expert panel advising the Colombian government on its drug strategy, published research showing high rates of skin problems and miscarriages in areas sprayed with glyphosate.

The move comes in the midst of peace talks between the Santos government and the rebels of the FARC (Colombian Revolutionary Armed Forces), who have been in rebellion against the government in Bogota for more than 50 years. The two sides had already agreed that aerial eradication should be used only as a last resort.

It was the strength of the rebels around the turn of the century that was a principal reason for the resort to aerial spraying. Their presence in coca-growing areas, where guerrilla fighters protected the crops, made manual eradication risky. At least 62 manual eradicators -- 48 of them soldiers -- have been killed since 2009 and nearly 400 injured, most of them the victims of guerrilla groups.

Colombian coca cultivation had declined for the previous six years, but jumped 39% last year, according to a US government report that came out last week. The conveniently timed report, which blamed the increase on new cultivation outside areas where aerial eradication was allowed, failed, however, to stop the Colombian government from suspending the program.

This Week's Corrupt Cops Stories

A ring of crooked North Carolina deputies gets popped, so do some Connecticut cops involved in a steroids rings, and so do more jail and prison guards. And more. So it goes. Let's get to it:

In Raleigh, North Carolina, seven former or current Northampton County deputies and three state prison guards were arrested last Thursday on drugs and weapons charges as part of a federal bust that also wrapped up five other people. The group is accused of conspiring to ship large consignments of heroin and cocaine to South Carolina and Maryland. They went down after Halifax County deputies passed on a tip they received about the ring, and the feds then created a sting they called "Operation Rockfish" to ensnare the crooked cops. Click on the link to read the names of those arrested.

In Dallas, a former Grapevine K-9 officer was indicted last Thursday on charges he stole and consumed drugs that were to be used to train his drug dog. Danny Macchio, 49, reported last October that his patrol car had been burglarized and that a gun and training drugs inside the vehicle were missing, but he later confessed to taking and using the drugs. He is now charged with tampering with physical evidence, abuse of official capacity, and misuse of government property.

In New Boston, Texas, three Bowie County jail guards were arrested last Thursday on charges they smuggled drugs, frozen coffee, and even milkshakes to prisoners in the jail. Keyandre Thirdgill, Billy Whitley, and Matthew Newman are all charged with introducing prohibited substances in a correctional facility.

In Huntsville, Alabama, a Madison County jail guard was arrested last Saturday on charges she was sneaking marijuana and other contraband to an inmate. Guard Jacquenette Allen went down after being seen on surveillance video delivering packages of marijuana for sale and cigarettes to an inmate "with whom she was in a relationship." She is charged with second-degree promoting prison contraband and suspended from her job without pay, pending an administrative hearing. She was being held in the jail where she worked on $10,000 bond.

In Newtown, Connecticut, a Newtown Police sergeant and a dispatcher were arrested Monday in "Operation Juice Box," a federal bust of a steroid and oxycodone distribution ring. Sgt. Steven Santucci, 38, and police dispatcher Jason Chikos, 46, were both charged with conspiracy to distribute steroids. They were among eight people arrested in the bust, and are described as buying large quantities of steroids from one of the other arrestees and them reselling them in smaller quantities.

In Wilmington, Delaware, a former state prison guard was sentenced last Thursday to 4 ½ years in state prison for smuggling drugs behind the bars. Darryl West, 28, was caught smuggling cell phones and marijuana into the prison. He was convicted of drug dealing, conspiracy, and promoting prison contraband in December.

Chronicle AM: Mexico Drug War Flares Up, Colombia Coca Crops Up, Global Call to UN, More (5/5/15)

Mexico drug war flares, Colombia coca production jumps, a Texas decrim bill is moving, so is a Hawaii dispensary bill and a Louisiana medical marijuana bill. And more.

Coca production is up in Colombia. It could end up as cocaine, like this haul seized by Spanish police.
Marijuana Policy

Texas Decriminalization Bill Wins Committee Vote. After failing in a close vote last week, a bill to decriminalize marijuana advanced Monday night. House Bill 507, sponsored by Rep. Joe Moody (D-El Paso) passed the House Jurisprudence Committee on a 4-2 vote. It would make possession of up to an ounce a civil infraction with a maximum $250 fine.

Medical Marijuana

Hawaii Dispensary Bill Wins Final Committee Vote. A bill to finally bring dispensaries to the Aloha State has passed its final committee vote and now heads for a final legislative vote. House Bill 321 would allow for eight dispensaries statewide, with each allowed two retail locations and two grow sites.

Illinois Advisory Board Expands List of Qualifying Illnesses. The Medical Cannabis Advisory Board Monday recommended adding PTSD and seven other illnesses and conditions to the list of those for which medical marijuana can be used. The decision isn't final; the Department of Public Health must approve.

Louisiana Senate Passes Medical Marijuana Bill. The Senate Monday approved Senate Bill 143, which would allow people suffering from cancer, glaucoma, and cerebral palsy to use the herb. It would create a single grow site and medical marijuana would be distributed through 10 pharmacies. The bill now heads to the House.

Missouri CBD Cannabis Oil Expansion Bill Wins Committee Vote. The bill, SB 386, passed unanimously out of the House Emerging Issues Committee Monday. It now goes to the Select Committee on General Laws.

Tennessee Governor Signs CBD Cannabis Oil Bill. Gov. Bill Haslam (R) Monday signed into law House Bill 1097, which will expand access to CBD cannabis oil.

Hemp

Missouri Hemp Bill Wins Committee Vote. The bill, HB 830, which would legalize hemp production in the state, passed the Senate Agriculture, Food Production, and Outdoor Resources Committee on a 6-1 vote. It now heads to the Senate floor.

Drug Policy

Carly Fiorina: "Drug Addiction Shouldn't Be Criminalized." Newly-announced GOP presidential hopeful Carly Fiorina said Monday that the country needs to find a new way to deal with drug addiction. "Drug addiction shouldn't be criminalized," Fiorina said during a conference call with reporters on Monday. "We need to treat it appropriately." She added that "decriminalizing drug addiction and drug use" is good public policy.

Law Enforcement

Gloucester, Massachusetts, Police To Stop Arresting Addicts If They Seek Help. Police in Gloucester say that if drug users come to them and turn in their drugs and/or paraphernalia, they will not be charged with criminal offenses, but will instead be offered treatment in partnership with two local medical centers. "We are poised to make revolutionary changes in the way we treat this disease," Chief Leonard Campanello said. The new policy goes into effect in June.

International

Reform Groups Release Letter Calling on UN to Respect Drug Policy Reforms. More than a hundred human rights, public health and drug and justice reform groups have released an open letter calling on the UN to respect countries' moves to end drug prohibition and to emphasize human rights over harsh law enforcement responses. The move is part of the run-up to the UN General Assembly Special Session (UNGASS) on Drugs next year. And check out that website where the letter is. [Disclosure: We organized the letter.]

Coca Production Up Dramatically in Colombia. Coca production jumped 39% last year, according to a new White House report. The report comes as pressure mounts on Colombia to end its US-backed program of aerial herbicide spraying on coca crops after the WHO called glyphosate a carcinogen. The reported increase came after six years of declining or steady production.

Mexican Government Declares War on Jalisco New Generation Cartel. In the wake of a violent week that saw presumed cartel gunmen shoot down a military helicopter, killing six soldiers, along with shootouts, blockades, and vehicle-burnings, the Mexican government says it is going to war against the Jalisco New Generation cartel, which it blames for the violence. "The full force of the Mexican state will be felt in the state of Jalisco," an official vowed Monday. "Satisfactory results will start to be seen very soon."

(This article was prepared by StoptheDrugWar.org's lobbying arm, Drug Reform Coordination Network, which also pays 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.)

California Game Warden Kills Armed Marijuana Grower

A California game warden shot and killed a suspected marijuana grower during a raid early this morning at a federal wildlife refuge near Elk Grove. The as-yet-unidentified man becomes the 22nd person to die in US domestic drug law enforcement operations so far this year.

According to the Sacramento Bee, citing law enforcement sources, a team composed of agents from the state Department of Justice Mountain and Valley Marijuana Investigation team, the Sacramento County Sheriff's Office, and the Department of Fish and Wildlife game warden hit a suspected marijuana grow just after sunrise.

Raiders approached the patch from several different angles, and one of the teams confronted the grower, who police said was armed.

"The man was armed and pointed his weapon at the officers," said state Department of Justice spokeswoman Michelle Gregory. "He was told to lower that weapon but did not comply."

"There was a mortal threat to one of the officers by the armed suspect," said Fish and Wildlife spokesman Captain Patrick Foy.

The man was pronounced dead at the scene by paramedics.

There's no word on whether any of the law enforcement personnel were wearing body cameras that could verify their accounts. There were apparently no other witnesses.

CA
United States

This Week's Corrupt Cops Stories

More jail guards get greedy, an Oklahoma deputy self-medicates with meth from the evidence room, and a San Jose cop gets popped with a storage locker of pot. Let's get to it.

In Texarkana, Texas, a Bowie county jail guard was arrested last Wednesday after getting caught trying to smuggle marijuana into the jail inside a bag of Cheetos Puffs. The unnamed 19-year-old guard went for a break and was searched upon returning to the jail. He has been charged with possession of prohibited substances inside a correctional facility.

In Wilburton, Oklahoma, a former Latimer County sheriff's deputy was arrested last Wednesday for stealing drugs from the evidence room. Bobby Joe Eubanks went down after the sheriff asked the Oklahoma State Bureau of Investigation to look into missing drug evidence. Eubanks had been in charge of the evidence room before he was fired earlier this year, and the sheriff said he had found drugs in Eubanks' official vehicle while cleaning it. Eubanks admitted to twice stealing meth evidence and said he used it to cope with PTSD from his service in Afghanistan.

In Little Rock, Arkansas, a Pulaski County jail deputy was arrested last Thursday after jailers intercepted a call saying contraband would be left in his vehicle in the jail parking lot, then caught him trying to bring it into the jail. Deputy Kyle Guyer, 24, got caught with one package in hand containing money, candy, and tobacco. A second package containing meth and marijuana was recovered from his car. He is charged with using a communication device to facilitate crimes, criminal attempt to furnish prohibited articles that include marijuana and methamphetamines, furnishing prohibited articles, and unauthorized use of another's property.

In San Jose, California, a San Jose police officer was arrested last Friday on felony marijuana charges nearly a year after fellow officers found more than a dozen pounds of weed in a storage locker rented in his name. Son Vu, 44, is now charged with possession of marijuana with intent to distribute and "maintaining an illegal stash location."

In West Chester, Pennsylvania, a Chester County Prison guard was arrested Tuesday on charges he smuggled drugs to inmates. Guard Douglas Keck, 45, now faces three to six years in prison on introducing contraband charges. Oh, he has been fired, too.

Oregon Drug Fugitive Killed After SWAT Standoff

A Eugene man wanted for failure to appear on drug charges was shot and killed by Salem Police SWAT officers last Friday after repeatedly refusing to surrender. Mark Cecil Hawkins, 49, becomes the 21st person to die in US domestic drug law enforcement operations so far this year.

According to the Salem Statesman-Journal, citing law enforcement sources, Salem police officers approached Hawkins, whom they correctly believed had an outstanding warrant, in the parking lot of a Walmart store, where his bus turned recreational vehicle was parked. Hawkins fled into the bus and refused commands to come out.

When more officers and a police dog arrived, Hawkins came out of the vehicle, and he and the officers exchanged fire. No one was hit, but the police dog was slightly wounded. Hawkins then retreated back into the bus.

At this point, the Salem SWAT team was called in and spent several hours attempting to negotiate a surrender with Hawkins. During this time, Hawkins again opened fire.

More than six hours into the negotiations, SWAT officers used armored vehicles equipped with battering rams to rip open the walls of the vehicle. That exposed Hawkins, who was holding a handgun and who refused to comply with demands he surrender.

Officers then opened fire on Hawkins, striking him nine times. He fell out of the bus and was transferred to Salem Hospital, where he was pronounced dead.

Hawkins had originally been charged with meth distribution in Lane County and had been sought on a failure to appear warrant since he didn't show up in court last December.

This Week's Corrupt Cops Stories

Cops, cocaine, and corruption, from Florida to Texas to California to Michigan. And some crooked jail guards, too. Let's get to it:

In Punta Gorda, Florida, a Charlotte County sheriff's deputy was fired last Friday after an internal affairs investigation revealed he bought drugs and traded them for sexual favors. Deputy Elio Santana would buy cocaine while in uniform and driving his squad car, and the investigation found at least some of it was used to pay for sex.

In Pendleton, Indiana, a local jail guard was arrested last Wednesday on charges he smuggled marijuana into the Pendleton Correctional Center. Laura Whitinger, who has been on the job less than a year, faces charges of trafficking with an inmate, possession of marijuana and dealing a controlled substance.

In Yuba City, California, a Yuba City police officer was arrested last Wednesday on federal charges he was involved in cocaine trafficking. Officer Harminder Phagura, 35, and his brother, Gursharan, 39, were both arrested in an investigation that targeted the brother, but that also implicated Harminder, who is accused of passing on sensitive law enforcement information to his brother. They are both charged with conspiring to possess a controlled substance with intent to distribute and use of a communications facility in drug trafficking activity.

In Detroit, three Detroit narcs were indicted last Wednesday for allegedly setting up drug deals while in uniform and making fake traffic stops to rip off suspected drug dealers. Lt. David "Hater" Hansberry and Officer Bryan Watson face charges of possession with the intent to distribute more than five kilograms of cocaine, while Officer Arthur Levells faces one count of conspiracy to distribute cocaine.

In Rio Grande City, Texas, a Rio Grande City narc was arrested last Saturday on charges he was involved in a cocaine deal. Noel Pena, a narcotics investigator and member of the Starr County HIDTA Task Force, is charged with conspiracy to possess with intent to distribute more than 10 pounds of cocaine. He was busted by the Homeland Investigations division of US Customs and Immigration Enforcement.

In Dover, Delaware, a former state prison guard was sentenced last Friday to 4 ½ years in state prison for plotting to smuggle marijuana and cellphones into the Vaughan Correctional Center. Darryl West, Jr. had earlier pleaded guilty to manufacturing, delivering or possession with the intent to deliver a controlled substance with an aggravating factor, promoting prison contraband and second-degree conspiracy. He went down after authorities found a quarter pound of pot, $700, and two new cellphones in his vehicle in the prison parking lot.

Chronicle AM: Supreme Court Nixes Roadside Waits for Drug Dogs, DEA Head to Resign, More (4/21/15)

The DEA head is on her way out, the Supreme Court rules on making motorists wait for drug dogs to arrive, Indiana's governor extends an emergency needle exchange, a new report on asset forfeiture abuses in California is out, and more.

The US Supreme Court rules that detaining motorists on the side of the road to wait for drug dogs is illegal. (wikipedia.org)
Marijuana Policy

Washington State Legal Pot Price Declines to $12 a Gram. Pot prices averaged nearly $30 a gram—well above black market prices—when the state's first marijuana retail outlets opened, but that has changed dramatically, according to the State Liquor Control Board. Now, the average retail price of a gram is about $12, as supply expands to meet demand. That's still $336 an ounce, though.

Medical Marijuana

Wyoming Medical Marijuana Initiative Getting Underway. Activists with Wyoming NORML submitted their initiative application with the secretary of state's office Monday. If and when the application is approved, organizers will have until next February to gather 25,673 valid voter signatures to place it on the 2016 general election ballot. A recent poll had support for marijuana at 72% in the Cowboy State.

Asset Forfeiture

New Report Details California Asset Forfeiture Abuses. The Drug Policy Alliance today released a new report, Above the Law: An Investigation of Civil Asset Forfeiture Abuses in California, a multi-year, comprehensive look at asset forfeiture abuses in the state that reveals the troubling extent to which law enforcement agencies have violated state and federal law. The report finds that a handful of LA County cities lead the state in per capita seizures, that some departments rely on asset forfeiture for funding themselves, and that some departments were providing false or incomplete reports to the Justice Department.

Drug Testing

Indiana Welfare Drug Testing Bill Dead. The legislator who unexpectedly proposed adding a welfare drug testing proposal to a social services spending bill has withdrawn it after learning how few people would be tested and how little support there is for it. Rep. Terry Goodin (D-Crawfordsville) said today he would instead seek a study committee to examine how best to fight drug abuse.

Florida Governor Settles on State Employee Drug Testing. Gov. Rick Scott (R) has formally given up on his effort to subject state employees to random, suspicionless drug testing. He reached an agreement Monday with the employees' union that will only allow drug testing in a relative handful of safety-sensitive positions. Of the 1,400 job classifications Scott originally wanted covered, only 267 will be covered.

Harm Reduction

Indiana Governor Extends Emergency Needle Exchange Program. Gov. Mike Pence (R) Monday extended an emergency needle exchange program in Scott County for another 30 days in a bid to get a handle on an injection drug-related HIV outbreak there. The move comes as the legislature heard testimony supporting a bill that would allow similar exchanges elsewhere in the state.

Law Enforcement

DEA Administrator Michele Leonhart Set to Resign. DEA Administrator Michele Leonhart is expected to resign soon, a unnamed "senior administration official" told CBS News this morning. The embattled DEA head has been under fire for years over her leadership of the scandal-ridden agency, but it was her performance at a Capitol Hill hearing last week that sealed her fate. Click on the link to read our feature story on this.

Supreme Court Says Detaining Motorists to Wait for Drug Dogs to Arrive is Not OK. In a 6-3 decision today, the US Supreme Court held that detaining motorists on the side of the highway to await the arrival of a drug dog violates the Fourth Amendment's proscription against unlawful searches and seizures. Writing for the majority, Justice Ruth Bader Ginsburg noted that police may request drivers licenses, vehicle registrations, proof of insurance, and check for outstanding warrants because all those investigatory actions are aimed at enforcing traffic laws and ensuring that vehicles are operating safely—the ostensible reason for the stops. "A dog sniff, unlike those stock inquiries, lacks the same tie to roadway safety," she said. Prolonging the stop, even for a few minutes, to allow for the arrival of a drug dog was improper, Ginsburg wrote. "A traffic stop becomes unlawful if prolonged beyond the time in fact needed to complete all traffic-based inquiries," Ginsburg said. Click on the link to read our newsbrief and view the ruling itself.

International

Mexicans Capture Gulf Cartel Leader. Mexican authorities confirmed over the weekend that they had captured Jose Tiburcio Hernandez Fuentes, who they described as a Gulf Cartel leader responsible for much of the recent violence in the border city of Reynosa. He was caught despite a shootout between Mexican soldiers and police and around 60 cartel gunmen who tried to rescue him. The Mexicans caught a key Juarez Cartel leader just a day earlier. 

Holding Motorists on Highway to Await Drug Dog Searches Not OK, Supreme Court Rules

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

In a 6-3 decision today, the US Supreme Court held that detaining motorists on the side of the highway to await the arrival of a drug dog violates the Fourth Amendment's proscription against unlawful searches and seizures.

In the decade since the Supreme Court held in Illinois v. Cabellas that a drug dog sniff of a vehicle that did not extend a traffic stop was not a search under the meaning of the Fourth Amendment, law enforcement agencies across the country have routinely detained drivers on the roadside awaiting arrival of a drug dog, then used drug dog alerts as "probable cause" to allow vehicle searches.

The practice left motorists in a legal limbo where there was no actionable cause to detain them, but they were not free to be on their way. Today's ruling from the Supreme Court says that is not okay.

Writing for the majority, Justice Ruth Bader Ginsburg noted that police may request drivers licenses, vehicle registrations, proof of insurance, and check for outstanding warrants because all those investigatory actions are aimed at enforcing traffic laws and ensuring that vehicles are operating safely -- the ostensible reason for the stops.

"A dog sniff, unlike those stock inquiries, lacks the same tie to roadway safety," she said.

Prolonging the stop, even for a few minutes, to allow for the arrival of a drug dog was improper, Ginsburg wrote.

"A traffic stop becomes unlawful if prolonged beyond the time in fact needed to complete all traffic-based inquiries," Ginsburg said.

The ruling came in Rodriguez v. US, in which Dennys Rodriguez had been pulled over in Nebraska for a traffic infraction. He was issued a warning ticket for driving on the shoulder of the road, but then made to wait on the roadside for the arrival of a drug dog 10 minutes later. After the drug dog alerted, his vehicle was searched, methamphetamine was found, and he was charged and convicted.

While the decision is a boon to motorists, it's not a get-out-of-jail-free card for Rodriguez. The evidence derived from the drug dog search has been thrown out, but his case remanded to the lower courts, prosecutors will still have a chance to try to prove there was other reasonable suspicion to think he was carrying drugs.

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