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Press Release: Advocates Hail One-Year Anniversary of New Mexico's Medical Marijuana Law; Program Has Made Progress but Still Has Further to Go
Press Release: UNODC Rewrites History in New World Drug Report to Hide Failure
4:20 Drug War Update 06/30/08
LEAP on the Hill: Stories from Week of June 27, 2008
We Support NYPD's Plan to Use Written Consent Forms
The New York City Police Department wants suspects to sign a consent form before searching their homes or cars, a move that eliminates the need for a warrant and is meant to provide police a layer of legal protection, Newsday has learned.
The initiative was put in place because consent searches are often challenged at trial - and jurors too often believe the suspect's claim that police never got permission to conduct the search, police sources said.
At the same time, sources said, there has been concern within the NYPD about a handful of cases in which an officer's truthfulness was recently called into question. [Newsday]
Written consent policies are a win-win situation for police and the public. When consent is given in writing, police have an easier time demonstrating in court that consent was given voluntarily. Since evidence seized during a consent search is almost always legally admissible, defendants challenging such evidence must argue that consent was given involuntarily or not at all. As a result, police spend a considerable amount of time in court defending the manner in which consent was obtained. A written form goes a long way towards resolving such conflicts.
For the citizen, written consent provides a quick reminder that permitting searches is optional, while simultaneously creating an added layer of protection in disputes over whether consent was given voluntarily. The form will go a long way towards resolving widespread concerns about police erroneously claiming to have received consent before conducting a search.
Finally, there's an additional important point illustrated here. As Newsday reports, "jurors too often believe the suspect's claim that police never got permission to conduct the search, police sources said." For anyone questioning the viability of refusing consent during a police encounter, this should go a long way towards explaining how asserting 4th Amendment rights can help citizens achieve a more desirable outcome. It serves as a helpful reminder that, even if police violate your rights and search despite your refusal, any evidence they discover can be effectively challenged in court. Obviously, this is a frequent occurrence if NYPD cites such outcomes as a reason for moving towards a written consent policy.
Given the significance of the citizen's decision whether or not to permit police to look through his/her belongings, a written form is just the obvious, common sense approach to establishing whether consent was given.
Update: Pete Guither at DrugWarRant has a good post discussing the NYPD policy and explaining why it is never in the citizen's interest to consent to a police search.
Chapare Coca Growers Cut Ties with USAID
Pain Relief Network Sues State of WA
As always, we ask that you help PRN fight to protect the rights of patients and the doctors who treat them. Please click the link below.
Pain Treatment Advocacy Group Sues State of WA
Jun 25, 2008
By: Donna Gordon Blankinship
The Associated Press SEATTLE - A pain treatment advocacy group filed suit Wednesday in federal court to challenge the restrictions Washington state officials have put on prescription pain medication.
The nonprofit Pain Relief Network says the guidelines for prescribing narcotics, written by the Washington state Department of Health and published in March 2007, have influenced pain treatment across the country and have made doctors afraid to give opiate prescriptions[...]
Complaint for Declaratory and Injunctive Relief, Damages a class action lawsuit by Laura Cooper (lead attorney) et al., Filed: 2008-06-24
Exhibit 1: The WA state Opioid Dosing "Guidelines" by Agency Medical Directors Group (AMDG); Mar. 2007; Filed 2008-06-24
Exhibit 2: Findings of Fact Laura Cooper, Esq.; Filed 2008-06-24 www.painreliefnetwork.org
The Sentencing Project: Disenfranchisement News/Updates 6/27/08
2008 Global Conference On Methamphetamine Newsletter Issue No1
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No Charges Filed Against Man Who Mistook A Cop For a Burglar and Shot Him
This bizarre story from Alabama puts a new twist on that tragically familiar narrative:
An off-duty Huntsville police officer was shot in the shoulder early Saturday when a friend mistook him for a burglar.
Police Chief Henry Reyes said Tony McElyea, a Strategic Counterdrug Team agent, decided to surprise a good friend and former police academy cadet at his home in the 1300 block of Virginia Boulevard.
McElyea, his girlfriend, and the friend's wife snuck into the home at about 2:30 a.m.
McElyea walked down the hallway and started shouting "Wake up, wake up," at his friend, Reyes said.
The friend, who Reyes said didn't immediately recognize McElyea, grabbed a .38-caliber revolver and shot him.
"It's just one of those things where he got startled and reacted," Reyes said. "It's unfortunate that it happened, but it's fortunate that it's not any worse."
â¦
The incident has been ruled an accident, and no charges will be filed against the shooter, whose name was not immediately released. [Huntsville Times]
So apparently, when you take the botched drug raid out of the equation, suddenly it makes perfect sense that someone would use force to defend their home when intruders come bursting in. Of course, in this case there was no warrant and no vague criminal activity for which the homeowner could be accused of attempting to evade capture. So maybe it's a little unfair to compare this to the Maye and Frederick cases.
Still, it's just impossible to ignore the fact that Cory Maye and Ryan Frederick are no more guilty than this man, who wasn't even charged. They made the same fundamental error he made: thinking that their lives were in danger and using force against the intruder. It shouldnât matter whether or not police had a warrant. The bottom line is that if police behave like burglars, they might be mistaken for burglars. Citizens who make that mistake are not guilty of murdering a cop. They are victims of bad policing brought on by a bad drug policy.
New Data: Going to Work Sober May Increase Risk of Workplace Fatality
The U.S. Department of Labor reports that the vast majority of drug users are employed, and when they arrive for work, they don't leave their problems at the door. Of the 17.2 million illicit drug users aged 18 or older in 2005, 12.9 million (74.8 percent) were employed either full or part time.
Ok, so nearly ¾ of illegal drug users are employed. They have jobs, just like everybody else. Interesting. But here's where you're supposed to get freaked out:
Furthermore, research indicates that between 10 and 20 percent of the nation's workers who die on the job test positive for alcohol or other drugs.
Umm, pardon me, but so what? The National Survey on Drug Use and Health shows that 8.3% of respondents had used illegal drugs in the past month and 50.9% had used alcohol. If that many people are using alcohol and other drugs regularly, then it is not surprising to learn that 10-20% of people who died at work had drugs in their system. It doesn't prove that the drugs caused the accident.
Think about this: 80-90% of people killed at work tested negative for alcohol/drugs, even though more than half the population uses them. If anything, the evidence suggests a frightening link between sobriety and workplace fatalities. But don't take it from me. After all, it was the Drug Czar who brought this up.
No drug war for the wealthy
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