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Is the Era of the No-Knock Drug Raid Coming to an End? [FEATURE]

In the mass protests over out-of-control and racially biased law enforcement ignited by the killing of George Floyd by Minneapolis police office Derek Chauvin, Floyd's name isn't the only one being chanted by the crowds. There's also Ahmaud Arbery, the Georgia jogger gunned down by white vigilantes. There's Rayshard Brooks, the Atlanta man shot and killed by police after falling asleep in his car in the Wendy's drive-through lane and them tussling with and fleeing from them as he sought to avoid arrest.

And then there's Breonna Taylor. The 26-year-old black EMT and Louisville resident was killed on March 13 as police executing a midnight no-knock drug search warrant at her apartment were greeted by gunfire by her boyfriend.. As the circumstances of her death emerged, she has become the face of the burgeoning movement to radically restrict the police resort to no-knock warrants, which could just as aptly be referred to as home invasion warrants.

That's what it felt like to Ms. Taylor and her boyfriend Kenneth Walker. Although Louisville police claimed they knocked and announced their presence, they were operating with a no-knock warrant, and that account is disputed by Walker and Taylor's relatives. Walker said he and Taylor were in bed together when the door crashed in and he thought someone was breaking into their home. He said he fired in self-defense. (Here is that fraught zone where the war on drugs encounters the 2nd Amendment.)

Walker's single shot wounded one officer, who returned fire along with two other officers. Breonna Taylor was hit by at least eight bullets and died at the scene. Walker was charged with attempted murder, although those charges have now been dropped. No drugs were found at the apartment. To make matters even worse, the drug suspect the police were looking for was already in custody when the raid went down.

"They executed this innocent woman because they botched the search warrant execution," attorney Benjamin Crump, who is representing the Taylor family in a lawsuit filed over the killing told the New York Times. "They had the main person that they were trying to get in their custody, so why use a battering ram to bust her door down and then go in there and execute her?"

Outrage over the killing of Breonna Taylor quietly festered as the country hunkered down amidst the coronavirus pandemic, but when the iconic killing of George Floyd finally galvanized the streets, the pain and anger over Taylor's killing became a rallying cry not just in Louisville but across the land. And it's bringing a laser-like focus on a practice more akin to raiding terrorist hideouts in the Middle East than to serving and protecting American citizens, which in turn is leading to a renewed focus on the role of the drug war in all of this.

The war on drugs provided the impetus for no-knock raids from the beginning, and the courts were all too willing to help. The 1963 US Supreme Court case Ker v. California, which gave constitutional imprimatur to forcible police entries, was a drug case where the possibility that evidence could be destroyed carried the day for the cops. When the Supreme Court revisited and refined its no-knock doctrine in the 1990s, the impetus once again was enforcing drug prohibition.

In a case involving small-scale sales of marijuana and meth to an informant, the court ruled in 1995 in Wilson v. Arkansas that police must generally "knock and announce" before kicking in a door with a search warrant, although it allowed for exceptions as per Ker. In another small-time drug sales case, 1997's Richard v. Wisconsin, the court held that police needed to demonstrate "a reasonable suspicion" that announcing their presence before bashing in the door would be dangerous or allow for the destruction of evidence for a no-knock warrant to be permitted.

Breonna Taylor was shot and killed by Louisville police in a fatally bungled no-knock drug raid in March. (Family photo)
Those rulings left "reasonable suspicion" up to state and local judges, and while little national or even state data exists on the rates at which judges rejected no-knock warrant requests, a pair of local studies suggests they essentially acted as rubber stamps. A recent PBS Newshour report cited a Denver Post analysis of no-knock warrant requests from Denver police in 2000, a year after Mexican citizen Ismael Mena was killed in a no-knock drug raid. The cops got 158 out of 163 requests approved. Similarly, a Washington Post analysis of no-knock warrant requests by policy in Little Rock, Arkansas, between 2016 and 208 had the cops getting 103 out of 105 approved.

Police resort to no-knock raids has gone through the roof in recent decades, according to a 2007 study done by Peter Kraska, a professor with the School of Justice Studies at Eastern Kentucky University. He found that while no-knock or announce and enter raids happened about 1,500 times in the early 1980s, that figure skyrocketed to about 40,000 a year by the turn of the century as the drug war deepened. Kraska estimated the number of such raids at about 45,000 a year by 2010.

The raids are mainly for drugs. A 2014 ACLU report looking at SWAT teams doing no-knock raids found that 62% of them were for drugs. In at least a third of those raids, no drugs were found. In nearly another third of those raids, it's not known if any drugs were seized because police did not report that information.

And they can be deadly -- both for their targets and for the officers undertaking them. The New York Times reported three years ago that between 2010 and 2016 alone, at least 13 police officers lost their lives on such raids, but so did more than seven times as many civilians. The Times put the civilian death toll at 94, with many hundreds more injured. They include such total innocents as 19-month-old "Baby Bou Bou" Bounkam Phonesavanh, who was severely burned by a flash bang grenade thrown by a Georgia SWAT officer in a 2015 no-knock raid.

But now, with the killing of Breonna Taylor in the context of mass mobilizations against police brutality and racial bias, no-knock raids are being challenged like never before. The Democratic congressional response to the upheaval in the streets, the Justice in Policing Act, directly targets no-knock raids. As the Democrats put it, the bill "[b]ans no-knock warrants in drug cases at the federal level and conditions law enforcement funding for state and local governments banning no-knock warrants at the local and state level." (Advocates are calling for amendments to strengthen the bill -- and then passage.)

Kentucky's libertarian-leaning US Senator Rand Paul (R) met with Taylor's family and then introduced the Breonna Taylor Act "to prohibit no-knock warrants." The bill would mandate that federal law enforcement officers must announce their presence and purpose before executing a search warrant and it would condition federal aid to law enforcement agencies to ensure they follow the same rules.

"After talking with Breonna Taylor's family, I've come to the conclusion that it's long past time to get rid of no-knock warrants. This bill will effectively end no-knock raids in the United States," said Paul.

Meanwhile, even Paul's Republican colleagues are climbing on the no no-knock bandwagon, although to a more limited degree than the Democrats. The just introduced Justice Act, largely crafted by the GOP's sole black senator, Tim Scott of South Carolina, wouldn't ban no-knock raids, but would increase federal reporting requirements for no-knock raids and use of force. It would also increase penalties for false police reports.

It's unclear whether any of these bills will pass or whether compromise legislation will emerge, and it's unclear just how strong any language on no-knock raids will end up being. But what is clear is that Congress finally has the issue squarely in its sights.

But law enforcement is largely a state and local matter, and it's going to be up to state legislatures and governors and city councils and mayors to address the issue at the local level. Louisville has already done so. With protests raging in the streets, the city council early this month moved unanimously to ban no-knock raids. Only two states -- Florida and Oregon -- have banned no-knock raids, but that should be about to change, given the tumult in the streets over police misconduct. It should have happened a long time ago.

Senate GOP Unveils Policing Reform Bill, Seattle Moves to End Drug-Related Loitering Charges, More... (6/17/20)

The Pennsylvania Supreme Court clarifies that state officials can't order drug tests as part of child welfare investigations, Senate Republicans roll out their version of a police reform bill, and more.

Tennessee Rep. William Lamberth (R), who blocked a resolution honoring a murdered black girl because... marijuana.

Marijuana Policy

Sole Tennessee Lawmaker Blocks Resolution to Honor Murdered Teen Over Alleged Marijuana Sale. A resolution honoring the life of 17-year-old black girl Ashanti Posey, who was fatally shot in April, was blocked by a single Republican lawmaker, Rep. William Lamberth, who said he could not support the measure because she had allegedly been involved in a low-level marijuana deal before she was killed. The resolution required unanimous consent and had already passed the state Senate. Lamberth's one-man veto sparked angry cries of "black lives matter" in the chamber, and some lawmakers walked out in protest.

Drug Testing

Pennsylvania Supreme Court Rules State Officials Can't Order Drug Tests as Part of Child Welfare Investigations. In a case involving a Republican district attorney accused of child abuse, the state's highest court has ruled that state officials may not order drug tests as part of a child welfare investigation. The court held unanimously that the state's Child Protective Services Law does not "expressly or implicitly authorize collecting samples of bodily fluids, without consent, for testing." The child welfare agency in Fayette County had been requiring such tests despite the lack of a legal basis for doing so. Now, it has stopped.

Law Enforcement

Seattle City Council Takes Up Bill to End Loitering Charges Related to Drugs, Prostitution. Councilmember Andrew Lewis filed a pair of bills Monday to eliminate the charge of loitering when used to try to enforce drug or prostitution laws. Loitering laws, which emerged as part of the war on drugs in the last century, allow police to arrest people they merely suspected of being drug dealers or prostitutes. The bill has support from some other council members, as well as City Attorney Pete Holmes, who helped draft it. "This is an outdated, and frankly racist policy in our City's municipal code." Councilmember Tammy Morales said. "By repealing this part of the code we are assured that drug offenders and sex workers will be treated humanely and not criminalized." The bills go to a vote at the council's next meeting on Monday.

Law Enforcement

Senate Republicans Unveil Policing Reform Bill. Senate Republicans on Wednesday rolled out their version of a police reform bill, which is called the Justice Act. Democrats in the House last week filed their version of a police reform bill, the Justice in Policing Act of 2020. The Republican bill would discourage but not ban tactics such as no-knock warrants or chokeholds, while the Democrats take a tougher approach. The Democratic plan mandates certain policing practices, while the Republican plan avoids such mandates, instead incentivizing law enforcement agencies to curtail such practices by withholding federal funding for departments that allow them or do no report on them.

Amid the Tumult, Congressional Democrats Take on Policing Run Amok [FEATURE]

With mass protests over the killing of George Floyd by Minneapolis police officer Derek Chauvin now morphing into demands to grapple with racism and to confront a police culture where brutality is all too common, and with the anguished words of Floyd's brother, Philonise Floyd, echoing through the capitol, congressional Democrats this week rolled out their first effort to address the national uprising, the Justice in Policing Act of 2020.

George Floyd's legacy is being created right now. (Prachatia/Creative Commons)
The most comprehensive attempt to reform policing ever, the act would, according to a House Judiciary Committee press release:

  • Prohibit federal, state, and local law enforcement from racial, religious and discriminatory profiling, and mandates training on racial, religious, and discriminatory profiling for all law enforcement.
  • Ban chokeholds, carotid holds and no-knock warrants at the federal level and limits the transfer of military-grade equipment to state and local law enforcement.
  • Mandate the use of dashboard cameras and body cameras for federal offices and requires state and local law enforcement to use existing federal funds to ensure the use of police body cameras.
  • Establish a National Police Misconduct Registry to prevent problematic officers who are fired or leave on agency from moving to another jurisdiction without any accountability.
  • Amend federal criminal statute from "willfulness" to a "recklessness" standard to successfully identify and prosecute police misconduct.
  • Reform qualified immunity so that individuals are not barred from recovering damages when police violate their constitutional rights.
  • Establish public safety innovation grants for community-based organizations to create local commissions and task forces to help communities to re-imagine and develop concrete, just and equitable public safety approaches.
  • Create law enforcement development and training programs to develop best practices and requires the creation of law enforcement accreditation standard recommendations based on President Obama's Task force on 21st Century policing.
  • Require state and local law enforcement agencies to report use of force data, disaggregated by race, sex, disability, religion, age.
  • Improve the use of pattern and practice investigations at the federal level by granting the Department of Justice Civil Rights Division subpoena power and creates a grant program for state attorneys general to develop authority to conduct independent investigations into problematic police departments.
  • Establish a Department of Justice task force to coordinate the investigation, prosecution and enforcement efforts of federal, state and local governments in cases related to law enforcement misconduct.

"We have heard the terrifying words 'I can't breathe' from George Floyd, Eric Garner, and the millions of Americans in the streets calling out for change," said House Judiciary Committee Chair Jerrold Nadler (D-NY). "For every incident of excessive force that makes headlines, the ugly truth is that there are countless others that we never hear about. This is a systemic problem that requires a comprehensive solution."

Protesters demanding police accountability at the White House. (Geoff Livingston/Creative Commons)
"What we are witnessing is the birth of a new movement in our country with thousands coming together in every state marching to demand a change that ends police brutality, holds police officers accountable, and calls for transparency," said Congressional Black Caucus Chair Karen Bass (D-CA). Passage of the act would "establish a bold transformative vision of policing in America," she added. "Never again should the world be subjected to witnessing what we saw on the streets in Minnesota with George Floyd."

But that "bold transformative vision" doesn't directly address one of the main drivers of fraught interactions between law enforcement and the citizenry, especially in minority communities. Police enforcing drug prohibition have arrested more than a million people a year every year since the late 1980s, with the number peaking at nearly two million in 2007 and finally declining to just under a million in 2018. Around 90% of those arrests are for simple drug possession, and around half of them are for simple marijuana possession.

The bill does call for federally banning no-knock raids -- perhaps a better term would be home invasion raids -- like the one in which Louisville police burst through the door of Breonna Taylor's home and riddled the 26-year-old black EMT's body with bullets after her boyfriend opened fire on the intruders coming through the door. Her death helped fuel the rage in Louisville and across the land. Drug law enforcement is the primary reason for federal no-knock raids.

A summary of the bill provided by the House Judiciary Committee notes that blacks are 2 ½ times more likely to be busted for possessing drugs despite using them at the same rate as whites and that they are 3.6 times more likely to be busted for selling drugs even though whites are more likely to do so, but does so only to call for an end to racial and religious profiling. Drug decriminalization, on the other hand, would radically reduce opportunities for discriminatory policing by radically reducing the number of people of all colors subject to being arrested for their choice of substances.

In a statement on the bill, the Drug Policy Alliance said it was "grateful" that the congressional leadership had filed the legislation, but that it does not go nearly far enough.

"[T]his bill fails to fully address issues like police militarization and the use of quick-knock warrants, policing practices that are disproportionately used against people of color in drug investigations," said Maritza Perez, director of DPA's Office of National Affairs. "While the bill places restrictions on programs that facilitate the transfer of military equipment to local police departments, it does not outright put an end to such programs. And while this bill prohibits no-knock warrants for drug cases, it does not outlaw quick-knock warrants which can be just as deadly. Moreover, the bill continues to fund police departments and the war on drugs, rather than shift resources to education, housing, harm reduction services, and other infrastructure that strengthens communities and increases public safety."

The bill needs to be toughened, DPA said, and offered to "work with Congress to improve and strengthen" it.

The American Civil Liberties Union (ACLU) was also ambivalent, with a press release lauding the bill's provisions banning choke-holds, limiting use of force, and prohibiting racial and religious profiling, but also arguing that it doesn't go far enough in reining in law enforcement.

"The bill introduced today takes significant steps to protect people and ensure accountability against police violence. But the legislation also provides hundreds of millions more to law enforcement, and for the ACLU, that's a nonstarter," said senior ACLU legislative counsel Kanya Bennett.

"While many of the reforms in this bill are laudable and vital, more must be done to change the role of police in our society fundamentally," Bennett continued. "There can be no more Band-Aid or temporary fixes when it comes to policing, which is why we are calling for divestment from law enforcement agencies and reinvestment into the black and brown communities that have been harmed by over policing and mass incarceration. The role of police has to be smaller, more circumscribed, and less funded with taxpayer dollars."

"I Can't Breathe." George Floyd protest in Houston. (2C2K Photography/Creative Commons)
Still, the bill has the support of a broad coalition of civil rights organization, including the NAACP, the National Urban League, the Leadership Council on Civil and Human Rights, and the National African American Clergy Network, among others.

"The National African American Clergy Network supports the Justice in Policing Bill. It affirms sacred scripture that everyone is created in the image of God and deserves to be protected by police sworn to value and safeguard all lives. Failure by police to uphold this sacred trust with Black Americans lives, requires systemic changes in policing nationwide," said Dr. Barbara Williams-Skinner, Dr. Otis Moss, Jr., and Dr. T. DeWitt Smith, Jr., co-convenors of the network.

The Justice in Policing Act will move swiftly toward passage in the House but faces much bumpier prospects in the Republican-controlled Senate. While President Trump has been advocating military crackdowns on protesters, circulating conspiracy theories about senior antifa terrorists and offering himself up as "your law and order president," GOP senators led by Tim Scott (R-SC) -- the party's only black senator -- are working to craft their own version of a police reform bill. As of now, while it acknowledges the need for police reform, which is a significant step for Republicans, it looks to be an even more watered down version of the Democrat's bill.

The pressure from the streets on Congress to get something done so far shows no sign of letting up. Whether the legislative body can actually come to grips with this crisis of confidence in government and policing remains to be seen. But it's already had a very salutary taste of what could be in store if it doesn't.

House Progressives File Resolution Condemning Police Brutality, Racial Bias, War on Drugs [FEATURE]

As protests erupted across the country after the killing of George Floyd by Minneapolis police officer Derek Chauvin, a dozen progressive Democratic House members filed a resolution May 29th condemning police brutality not only in the case of Floyd but also in the case of Breonna Taylor, the black, 26-year-old Louisville EMT who was gunned down in her own home by cops on a misbegotten no-knock drug raid.

George Floyd's death at hands of white Minneapolis police officers (Wikipedia)
Those House members leading the resolution are Reps. Karen Bass (D-CA), Barbara Lee (D-CA), Ilhan Omar (D-MN), and Ayanna Pressley (D-MA. Additional cosponsors include Reps. Joaquin Castro (D-TX), Katherine Clark (D-MA), Joseph Kennedy III (D-MA), James McGovern (D-MA), Alexandria Ocasio-Cortez (D-NY) and Rashida Tlaib (D-MI).

"For too long, Black and brown bodies have been profiled, surveilled, policed, lynched, choked, brutalized and murdered at the hands of police officers," Congresswoman Pressley said in a statement announcing the resolution. "We cannot allow these fatal injustices to go unchecked any longer. There can be no justice for George Floyd, Breonna Taylor, or any of the human beings who have been killed by law enforcement, for in a just world, they would still be alive. There must, however, be accountability."

"From slavery to lynching to Jim Crow, Black people in this country have been brutalized and dehumanized for centuries," said Congresswoman Omar. "The war on drugs, mass criminalization, and increasingly militarized police forces have led to the targeting, torture and murder of countless Americans, disproportionately black and brown. The murder of George Floyd in my district is not a one-off event. We cannot fully right these wrongs until we admit we have a problem. As the People's House, the House of Representatives must acknowledge these historical injustices and call for a comprehensive solution. There are many steps on the path to justice, but we must begin to take them."

The resolution has broad support from racial and social justice organizations, including the Leadership Conference on Civil and Human Rights, National Action Network, NAACP Legal Defense and Educational Fund, ACLU, ACLU of Massachusetts, ACLU of Minnesota, the Justice Collaborative, Color of Change, the National Urban League, Lawyers for Civil Rights, Black and Pink, Boston Chapter, Center for Popular Democracy, Moms Rising, the Drug Policy Alliance, New Florida Majority, PolicyLink, the National Black Police Association, and The Vera Institute of Justice.

The unjustifiable deaths of African-Americans Floyd and Taylor at the hands of white police are, though, just the tip of an iceberg of official oppression and heavy-handed, militarized policing whose brunt is felt most keenly in the country's black and brown communities, but whose breadth encompasses almost all of us. And while protesters shout the names of Floyd and Taylor, the demand for unbiased, accountable policing goes far beyond these latest manifestations of cop culture run amok.

The prosecution of the war on drugs, with its racially biased arrest, prosecution, and imprisonment of people of color and its devastating impact on minority communities, is a major driver of fear and loathing for and distrust of police, the resolution cosponsors argued.

"[T]he system of policing in America, and its systemic targeting of and use of deadly and brutal force against people of color, particularly Black people, stems from the long legacy of slavery, lynching, Jim Crow laws, and the War on Drugs in the United States and has been perpetuated by violent and harmful law enforcement practices," they wrote. "[P]olice brutality and the use of excessive and militarized force are among the most serious ongoing human rights and civil liberties violations in the United States and have led to community destabilization, a decrease in public safety, and the exacerbation of structural inequities."

Contemporary police practice, with its emphasis on low-level enforcement (such as arresting more than a million people a year for simple drug possession), along with the militarization of police "has led to mass criminalization, heightened violence, and mass incarceration that disproportionately impacts Black and Brown people," they note.

The toll from law enforcement malpractice is staggering, the representatives argued: "[P]olice brutality and the use of excessive force have robbed countless communities of precious lives, have inflicted intergenerational harm and trauma to families, and are intensifying our Nation's mental health crisis." And, they charge, the cops are literally getting away with murder: "[P]olice in the United States, through acts of brutality and the use of excessive force, kill far more people than police in other comparable nations and have been historically shielded from accountability."

The resolution "condemns all acts of brutality, racial profiling, and the use of excessive force by law enforcement and calls for the end of militarized policing." It also "supports strengthening efforts to eliminate instances of excessive use of force, and conduct stringent oversight and independent investigations into instances of police brutality, racial profiling, and excessive use of force, and hold individual law enforcement officers and police departments accountable."

Breonna Taylor was shot and killed by Louisville police in a fatally bungled no-knock drug raid in March. (family photo)
To that end, the resolution calls on the Justice Department to return to its once proactive role in investigating incidents of police brutality, violence, and racial profiling and police departments that have a pattern of civil rights violations -- a feature of the Obama administration Justice Department that was overturned under Trump.

That would include having the DOJ actively challenge courts "to reconsider decisions that permit unreasonable and excessive police practices," effectively enforce consent decrees with police departments that have been caught misbehaving, and establish civilian review boards that are not mere paper tigers.

"Over the last few months, we have witnessed heightened violent acts of white supremacy, police brutality and targeted harassment because we were simply living while Black," said Congresswoman Bass, chair of the Congressional Black Caucus. "And over and over again, offenders go unpunished, allowing this vicious cycle to continue with impunity. We cannot move forward as a nation until what has broken is fixed."

"George Floyd's tragic murder shows how much work we have to fix the relationships between law enforcement and black and brown people," said Congresswoman Lee. "We have seen far too many young men and women of color murdered by police, for as little as driving their car, riding public transportation, having a cell phone, or just being in their own homes. Police officers are supposed to defuse violence -- not inflict it on black and brown communities. While the majority of police officers approach their job in a professional manner, we cannot allow black and brown bodies to be targeted, attacked, and killed with impunity. It's going to take a lot of work and a serious reckoning with our society's ingrained racial biases to stop this violence. We need to restore the proper role of police in our community -- as public servants who are here to protect everyone, not just those they deem worthy of protection. Being Black in America should not be a death sentence."

If the House adopts this resolution, it puts itself squarely on the side of the growing clamor to rein in out of control police. The resolution now has a number, House Resolution 988, and in the days since it was introduced, the number of cosponsors has jumped to 50. That's a start. Now, it's up to the House leadership to see that it moves -- and to show that Congress is finally beginning to grapple with an epidemic of racially-biased, drug war-fueled police thuggery.

Washington, DC
United States

Call for Independent Investigation of Fatal Louisville Drug Raid, LA MedMJ Expansion Bill Advances, More... (5/27/20)

Nearly four dozen members of Congress want an independent investigation into the death of Breonna Taylor at the hands of Louisville drug police, a high-profile task force calls on the federal government to grant states waivers to set their own marijuana policies, and more.

New York Gov. Andrew Cuomo is still ready to push for marijuana legalization. (Creative Commons)
Marijuana Policy

High-Profile Task Force Calls for Federal Marijuana Legalization Waivers. The Council on Criminal Justice, a task force composed of former lawmakers, federal prosecutors, and corporate interests, issued a series of recommendations Wednesday on criminal justice reform, including creating a system of waivers that would let states set their own marijuana policies without fear of federal interference. But the council did not go as far as calling for marijuana legalization nationwide. Members of the council include Sally Yates, who served as deputy attorney general and interim attorney general, former Georgia Gov. Nathan Deal (R), former Philadelphia Mayor Michael Nutter, and former Washington, DC and Philadelphia Police Chief Charles Ramsey, as well as Mark Holden, who was senior vice president and general counsel at Koch Industries, and David Safavian, general counsel of the American Conservative Union, are also members.

New York Governor Says He'll Work to Pass Marijuana Legalization. Gov. Andrew Cuomo (D) says he intends to get marijuana legalized in the near future even though progress toward that goal had been slow and halting even before the arrival of the coronavirus pandemic. "I believe we will [legalize marijuana], but we didn't get it done this last session because it's a complicated issue and it has to be done in a comprehensive way," Cuomo said during a last Friday press conference.

Medical Marijuana

Louisiana Medical Marijuana Expansion Bill Heads for Senate Floor Vote. The Senate Health and Welfare Committee voted 5-1 Wednesday to approve House Bill 819, which would expand the state's medical marijuana program by lifting regulations that require doctors to register with the state to be able recommend it and that limit its use to patients with certain diseases. The bill has already passed the House and now heads for a Senate floor vote.

Law Enforcement

Nearly Four Dozen Congressmembers Call for Independent Investigation of Botched Louisville Drug Raid That Killed a Black Woman EMT. Some 44 members of Congress have sent a letter to the Justice Department to call for an independent investigation into the death of Breonna Taylor, a 26-year-old black woman killed by police gunfire in her own home in the midst of a drug raid plagued by fatal police bungling. Led by Sen. Kamala Harris (D-CA) and Rep. Lucy McBath (D-GA), the letter called Taylor's death "an unspeakable tragedy that requires immediate answers and accountability." Other lawmakers signing the letter include: Sens. Richard Blumenthal (D-CT), Cory Booker (D-NJ), Kirsten Gillibrand (D-NY), Amy Klobuchar (D-MN), Bernie Sanders (I-VT) and Elizabeth Warren (D-MA), as well as Reps. Barbara Lee (D-CA), Ro Khanna (D-CA), Joe Kennedy III (D-MA), Jim McGovern (D-MA), Joe Neguse (D-CO), Eleanor Holmes Norton (D-DC), Mark Pocan (D-WI), Alexandria Ocasio-Cortez (D-NY) and Ayanna Pressley (D-MA). The letter has been endorsed by the Leadership Conference on Civil and Human Rights, Drug Policy Alliance and ACLU.

OR Psilocybin and Decrim Initiatives Hand in Signatures, MA Pot Shops Reopen, More... (5/26/20)

Massachusetts marijuana stores see long lines as they do a limited reopening, two Oregon initiative campaigns handed in signatures last Friday, the Harris County DA throws out nearly a hundred drug convictions linked to a disgraced Houston police officer, and more.

An Oregon campaign to legalize the therapeutic use of psilocbyin mushrooms has handed in signatures. (Greenoid/Flickr)
Marijuana Policy

Massachusetts Marijuana Stores Reopen with Curbside Service, Long Lines Form. After a two-month forced shutdown because of the coronavirus pandemic, state marijuana retailers faced long lines of customers Monday as they reopened for curbside pickup of phoned in orders. While most legal marijuana states allowed pot shops to stay open as essential businesses, Gov. Charlie Baker (R) refused, saying that because Massachusetts was the only state in the region to have recreational retail sales, it was likely to draw customers from other states, endangering the public health of the commonwealth.

Psychedelics

Poll Show Growing Support for Access to Magic Mushrooms. A new poll from the marijuana research firm Green Horizons has 13% saying psychedelic psilocybin mushrooms should be outright legalized, with another 25% saying they should be legal under limited circumstances, such as for medical or spiritual reasons. Among people who said they had some knowledge of psychedelics, those figures jump to 18% and 35%, respectively. The poll was conducted by online surveys with a nationally representative sample of a thousand people.

Oregon Therapeutic Psilocbyin Initiative Campaign Hands in Signatures. The campaign to put a therapeutic psilocybin initiative, Initiative Petition 34, submitted signature petitions last Friday. The group handed in 133,000 raw signatures, 18% more than the 112,000 valid voter signatures required to qualify for the ballot. The group still has until July 2 to come up with the additional needed to ensure there are enough valid signatures..

Asset Forfeiture

Arizona Legislature Kills Move to End Civil Asset Forfeiture. A bill that would have ended civil asset forfeiture in the state died in the House last Thursday. SB 1556 had passed the Senate in March on a unanimous vote, but all 29 House Democrats and eight Republicans voted to kill it. Democrats who might have been expected to vote for the reform cited budgetary concerns amidst the coronavirus crisis, with one saying she couldn't support it without also ensuring counties would still have the money they need at a time of reduced state revenues due to the pandemic.

Drug Policy

Oregon Drug Decriminalization and Treatment Initiative Hands in Signatures. The campaign behind the Drug Addiction Treatment and Recovery Act, Initiative Petition 44, handed in more than 147,000 raw voter signatures last Friday. It needs 112,000 valid voter signatures to qualify for the November ballot. The initiative would decriminalize the possession of personal use amounts of all drugs and fund drug treatment with marijuana tax revenues. The campaign still has until July 2 to gather more signatures.

Law Enforcement

Houston Overturns More Drug Convictions Linked to Officer Who Led Fatal Botched Raid. Harris County District Attorney Kim Ogg announced last Thursday that nearly a hundred more defendants convicted as part of cases made by former Houston Police Officer Gerald Goines will see their cases cleared. Goines now faces murder and records tampering charges over a raid that left two innocent homeowners dead, and investigations of Goines in the aftermath of the raid led to earlier and these latest dismissals. "We will continue to work to clear people convicted solely on the word of a police officer who we can no longer trust," Ogg said. "We are committed to making sure the criminal justice is fair and just for everyone."

Amnesty International on Cambodia Drug War Abuses, Deadly Botched Drug Raid in Louisville, More.... (5/13/20)

Coronavirus hobbles yet another drug reform initiative, Amnesty International goes after Cambodia's drug war human rights abuses, and more.

Louisville drug raid victim, EMT Breonna Taylor (Handout)
Marijuana Policy

Ohio Marijuana Legalization Initiative Suspends Campaign Due to Coronavirus. The Ohio Regulate Marijuana Like Alcohol campaign is suspending its efforts to get on the November 2020 ballot. The group's initial petition was rejected by state officials, and the group has struggled with signature-gathering amidst social distancing measures inspired by the pandemic. "We made the decision early on that the health of our volunteers, supporters, medical marijuana patients and the general public would be our primary concern," said Tom Haren, a spokesman for the campaign. "As Ohio begins the process of reopening, we are evaluating our options and hope to have more to share soon." The campaign would need more than 450,000 valid voter signatures by July1 in order to make the ballot.

Medical Marijuana

Pennsylvania Court Rules Worker Fired After CBD Use Caused Failed Drug Test Can Receive Unemployment Benefits. A Commonwealth Court panel has ruled that a health care worker who used legal CBD oil to ease her cancer symptoms, subsequently failing a drug test and getting fired, is entitled to unemployment compensation. The court held that even though CBD is derived from marijuana, the woman violated neither the law nor any work rule of her employer by using it. The decision confirms an earlier ruling by the Unemployment Compensation Board of Review, which was appealed by the employer, Washington Health.

Law Enforcement

Family of Louisville Woman Killed in Botched Drug Raid Files Lawsuit. A 26-year-old black Louisville woman who worked as an EMT was killed March 13 when police executing a no-knock search warrant for drugs shot her eight times after taking fire from her boyfriend, another apartment resident. Now, the family of Breonna Taylor has filed a lawsuit accusing officers of wrongful death, excessive force, and gross negligence. The lawsuit alleges that the man police were seeking did not live in the apartment and was already in custody when the raid took place. None of the officers involved have been charged in the shooting, but Taylor's boyfriend, who was not injured in the incident, now faces charges of first-degree assault and attempted murder of a police officer.

International

Amnesty International Denounces Cambodia Drug War Excesses. The Cambodian government's three-year long "war on drugs" campaign has fueled a rising tide of human rights abuses, dangerously overfilled detention facilities, and led to an alarming public health situation -- even more so as the COVID-19 pandemic unfolds -- while failing in its stated objective of curbing drug use, a new investigative report by Amnesty International published Wednesday charges. The new 78-page report, Substance abuses: The human cost of Cambodia's anti-drug campaign, documents how the authorities prey on poor and marginalized people, arbitrarily carry out arrests, routinely subject suspects to torture and other forms of ill-treatment, and dispatch those who can't buy their freedom to severely overcrowded prisons and pseudo "rehabilitation centers" in which detainees are denied healthcare and are subjected to severe abuse. "Cambodia's 'war on drugs' is an unmitigated disaster -- it rests upon systematic human rights abuses and has created a bounty of opportunities for corrupt and poorly-paid officials in the justice system," said Nicholas Bequelin, Regional Director at Amnesty International.

Kansas Weed Warriors Pay for Bad Raid, NY Mushroom Decrim Bill Filed, More... (5/5/20)

A psilocybin mushrrom decriminalization bill has been filed, Joe Biden again calls for marijuana decriminalization, and more.

Joe Biden still calls only for decriminalization of marijuana, not legalization. (Creative Commons)
Marijuana Policy

Joe Biden Includes Marijuana Decriminalization -- Not Legalization -- In New Plan for Black America. Presumed Democratic presidential nominee Joe Biden is calling for marijuana decriminalization as part of a newly released plan on racial justice. He said he would "decriminalize the use of cannabis and automatically expunge all prior cannabis use convictions" as part of a "Plan for Black America" his campaign released on Monday. The plan includes broader criminal justice reforms, such as ending the crack/powder cocaine sentencing disparity, repealing mandatory minimum sentences, and diverting people with minor drug charges to treatment instead of prison. But his failure to include marijuana legalization is being criticized by activists who say it is necessary for racial and restorative justice.

Kansas Weed Warriors to Pay $150,000 to Couple They Raided Over Tea Mistaken for Marijuana. It took seven years, but a Leawood, Kansas, couple is finally winning justice after their home was raided by Johnson County Sheriff's deputies who tracked them from a grow supply shop, then mistook tea leaves in their trash for marijuana, then hit the family with a full-on SWAT raid. Adlynn and Robert Harte, both former CIA employees, will receive a settlement of $150,000 for being subjected to the shock and trauma of having their family to such an aggressive invasion of privacy.

Massachusetts Lawmakers Hold Hearing on Bill to Provide Coronavirus Relief to Marijuana Businesses. Lawmakers held a virtual hearing Tuesday on a bill that would create a state pandemic relief plan that would include state marijuana businesses, which are excluded from federal relief funds. The Joint Committee on Community Development and Small Businesses held a Zoom hearing to debate the bill, which was filed by Chairwoman Diana DiZoglio (D) last month.

Psychedelics

New York Magic Mushroom Decriminalization Bill Filed. Assemblywoman Linda Rosenthal (D) has filed a bill to decriminalize psilocybin mushrooms by removing the main active ingredient from the state's list of controlled substances. "Psilocybin is a naturally occurring chemical compound produced by certain species of mushroom," the bill says. "Many cities, including Denver, CO, Santa Cruz, CA, and Oakland, CA, have already decriminalized the use and possession of psilocybin, and New York should do the same," it continues. "With the opportunity to positively affect the lives of millions suffering with mental health and addiction issues, this bill will decriminalize psilocybin and allow further research into the study of the drug and its beneficial uses for treatment." The bill has been referred to the Assembly Health Committee.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. 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.)

Chronicle AM: INCB Head Suggests UN Drug Treaties Are Out of Date, Houston Dope Squad Reforms, More... (2/28/20)

A top UN drug official suggests international drug treaties are out of step with the times, a hemp bill is moving in Idaho, Malawi legalizes hemp and medical marijuana cultivation, and more.

The House has voted to ban flavored e-cigs and tobacco, including menthol. (Creative Commons)
Marijuana Policy

Maine Plans for Special Marijuana Crimes Unit Sparks Outrage. The state plans to spend $649,000 in marijuana taxes to fund a four-person unit in the its Drug Enforcement Agency to deal with regulatory compliance and monitoring illegal marijuana activities, but the plan announced earlier this week isn't sitting well with some lawmakers and marijuana business owners. "We do not want to see one additional person incarcerated for marijuana," said Mark Barnett, a Portland coffee shop owner applying for a recreational cannabis license. "It’s a move in the wrong direction and counter to the very idea of legalization." Rep. Charlotte Warren (D-Hallowell, co-chair of the Criminal Justice and Public Safety Committee, concurred: "I thought we legalized cannabis," she said. "If we have spent a total of $33.2 million over just the time I’ve been in the legislature, why are we adding more agents for something that we actually legalized?"

Hemp

Idaho Senate Passes Bill to Legalize Hemp Production. The Senate on Thursday approved Senate Bill 1345, which would allow farmers in the state to legally grow and process industrial hemp. The bill now heads to the House.

Law Enforcement

Houston Police Chief Announces Reforms for Tarnished Narcotics Unit. Police Chief Art Acevedo announced a series of reforms for his department's Narcotics Division on Wednesday, just hours after Harris County DA Kim Ogg said 69 defendants convicted on the testimony of disgraced former drug cop Gerald Goines might have their cases overturned. Goines was the lead officer in a fatal raid last year that left two innocent homeowners dead. Among the changes announced by Acevedo are requiring more oversight and signoff from superiors for drug operations, tighter controls on informants and payments, and restating the already announced policy of requiring high-level approval for "no-knock" raids like the one Goines led.

Vaping

House Votes to Ban Flavored E-Cigs, Tobacco, Including Menthol. The House on Friday approved a bill, House Resolution 2339, that would ban the manufacture and sale of flavored tobacco and e-cigarettes, including menthol. The vote divided House Democrats and drew opposition from Republicans. Some members of the Congressional Black Caucus slammed the bill over its ban on menthol, which is popular with African-American smokers. The bill's fate is uncertain in the Senate.

International

Top UN Drug Official Questions Whether Drug Control Treaties Are Out of Date. International Narcotics Control Board (INCB) President Cornelius P. de Joncheere said Thursday the United Nations drug conventions may be outdated, especially when it comes to marijuana. "We have some fundamental issues around the conventions that state parties will need to start looking at," he said, adding, "We have to recognize that the conventions were drawn up 50 and 60 years ago." Joncheere said 2021 is "an appropriate time to look at whether those are still fit for purpose, or whether we need new alternative instruments and approaches to deal with these problems."

Australiana New South Wales Commission Calls for Drug Decriminalization. A government-commissioned special inquiry into drug use has called the criminalization of drug users "a profound flaw" in the state's criminal justice system and recommended the complete decriminalization of drugs in the state. The report called current state drug laws "tired" and "lacking in imagination." It calls for pill testing, ending the use of drug dogs at music festivals, and more safe injection sites. But the NSW state government has already rejected some of those recommendations.

 

. Malawi's parliament on Thursday approved legislation to allow the cultivation of medical marijuana and hemp. The country is looking at an alternative to its tobacco crop, its main earner of foreign exchange, which is under pressure from anti-smoking campaigns. "Legalization of this crop will contribute to economic growth as it will contribute in the diversification of the economy and boost the country’s exports, especially at this time when tobacco exports are dwindling," agriculture minister Kondwani Nankhumwa said. Marijuana for recreational use remains illegal.

Bad Precedent: When the Fourth Amendment Doesn't Apply [FEATURE]

Criminal Court & Legal Affair Investigative Journalist Clarence Walker can be reached at [email protected].

The Fourth Amendment should have protected suspected Indianapolis methamphetamine dealer Paul Huskisson when DEA agents without a search warrant and without any exigent circumstances, such as fear of imminent danger or injury to officers, flight of the suspect, or destruction of evidence, raided Huskisson's home, discovered pounds of meth, and arrested him for it.

Under the Fourth Amendment's exclusionary ule, when such evidence is unlawfully gathered the evidence cannot be used by the government in criminal cases.

But in a stunning blow to the Fourth Amendment protections against unreasonable search and seizure, that same unlawful seized evidence was indeed used in court against him, and Huskisson now sits in federal prison serving a 20-year sentence in FCI Lexington Kentucky.

In a 2019 decision, a three-judge panel of the 7th US Circuit Court of Appeals in Chicago; two of the justices, appointed by Clinton, including one appointed by Donald Trump, invoked a rarely used legal argument known as independent source doctrine to get around the Fourth Amendment violation, creating a floodgate of legal implications that has defense attorneys and legal scholars concerned.

WSNC 90.5 radio host of 'The Public Morality Show,' Byron Williams, condemned the decision in Huskisson's case in a scathing article published in the Winston-Salem Journal.

"Do we want to become a nation where obtaining a warrant before entering someone's home is optional?"

"The ends cannot justify the means," Williams said.

Here's how we got here:

The Bust

According to court documents and case testimony, the raid on Paul Huskisson had its genesis in the February 5, 2016 arrest by DEA agents of one Anthony Hardy on assorted meth charges, including conspiracy. Desperate to cut a deal, Hardy confessed his role in a dope smuggling scheme, even leading DEA agents to a cache of drugs and guns. Hardy implicated two other men, one of whom was Huskisson, who was previously unknown to the DEA.

And Hardy had plenty to say about Huskisson. He told DEA agents that he had scored substantial amounts of meth from him at least six times in the previous five months for $8,000 a pound, that he had purchased meth both at Huskisson's house and at a business owned by one of Huskisson's family member called 'No Limit' LLC, and that Huskisson was expected to receive a shipment of "10 to 12 pounds" the following day.

Hardy then took his snitching to the next level by volunteering to do a controlled buy for the DEA. DEA Special Agent Michael Cline prompted Hardy to call Huskisson on a recorded phone call to set up a buy to ensure Huskisson would sell dope to him, and Huskisson agreed to sell "10 to 12 pounds." After several more recorded calls, the pair agreed to meet at night on February 6, at Huskisson's place.

With undercover DEA agents already in place near Huskisson's house, Agent Cline tailed Hardy's car as he drove to 612 Laclede Street, where Huskisson lived, arriving 5:30 or 5:45 p.m. Hardy went into the house, and the assembled DEA agents waited. Half an hour later, Cline spotted a car pull into Huskisson's driveway and watched two men (later identifed as Jezzar Terraz-Zamarron and Fred Aragon) exit the visible vehicle carrying a cooler and enter the house.

Ten minutes later, a nervous Anthony Hardy came out the door and gave a prearranged signal to DEA Agent Cline to indicate he'd seen the meth. On that signal, DEA agents armed with high-powered weapons stormed the home, forcing the men inside onto the floor. Meanwhile Cline faked arresting Hardy to disguise Hardy's role as an informant. While milling around in Huskisson's home like characters readying for the next act, DEA agents and Indiana State Police investigators observed in the kitchen in plain sight an open cooler with 'ten saran-wrapped packages of meth.

All three men were arrested.

Paul Huskisson was subsequently indicted for possession with the intent to distribute 500 grams or more of methamphetamine in violation of the federal statute 21 U.S.C. 841(a).

When those DEA agents entered Huskisson's home and found the meth they had no search warrant whatsoever that allowed them to legally be there. They didn't bother to get one "until later," Cline testified at trial.

An Effort to Have the Evidence Thrown Out

Before going to trial, Huskisson's attorney filed a motion to suppress the drug evidence, arguing the drugs were found only after the DEA entry team entered Huskisson's house without a search warrant and without any exigent circumstances -- a clear violation of the Fourth Amendment's requirement for lawful searches. He also argued that DEA agents had included that tainted evidence, that fruit of the poisonous tree, into the affidavit for the search warrant that they obtained after the fact from a judge, "an hour or so later."

DEA agent Michael Cline was unable to testify at the motion hearing, so Indiana State Police investigator Noel Kinney substituted for Cline. Pertaining to the warrant obtained after agents rushed into the house, Kinney testified inconsistently regarding the ex post facto warrant, contradicting himself badly about the intent of the search and other government evidence.

Under questioning by defense attorney John L. Tompkins, Kinney first testified the task force's original plan was to apply for a warrant even if Huskisson refused consent to search, and no matter whether law enforcement saw evidence of drug activities in the house.

"Depending on the conversation with Mr. Huskisson, and, if he granted consent to search, we would continue the search of the residence," Kinney testified.

"What would've happened if Mr. Huskisson hadn't given consent," defense attorney Tompkins, asked.

"If he didn't give consent, we would've secured the residence and obtained a search warrant," Kinney said.

This testimony strongly suggests that DEA agents intended to enter the house and search for drugs without a warrant.

Belatedly realizing the incriminating implications of his testimony, Kinney then offered another alternative, claiming the plan was to apply for a warrant only if the DEA found meth in Huskisson's home -- and if Huskisson had refused consent to search.

At this point, Huskisson's attorney seized the moment to pounce on Kinney.

"So, if you didn't get consent you was going to start the process of obtaining a warrant?" Tompkins asked incredulous.

https://stopthedrugwar.org/files/judge-jane-magnus-stinson.jpg
Judge Jane Magnus Stinson
"Yes," Kinney replied.

"So, no part of the plan was to obtain a warrant prior to entry into Huskisson's residence?" Thompson asked, again.

"That's correct, yes," the investigators' replied.

Despite the testimony about the warrantless search, US District Court Judge

Jane Magnus-Stinson ruled against throwing out the evidence against Huskisson, holding that independent source doctrine in essence trumped the Fourth Amendment.

On Appeal

Based in part on the evidence developed through the warrantless search, Huskisson was convicted and sentenced to 20 years in federal prison in 2017. Both men arrested with Huskisson on February 6, 2016, were also convicted and sent to prison. Huskisson's lawyers immediately appealed his conviction.

Filing a counter appeal, government prosecutors argued that the issuance of the warrant after the illegal entry of Huskisson's home by (DEA Agents) was based on an independent source for the meth evidence, thus making independent source doctrine applicable. Independent source doctrine in criminal cases creates an exception to the Fourth Amendment's exclusionary rule.

Independent search doctrine and the exception to the exclusionary rule was created in a 1988 US Supreme Court case, Murray v. United States (487 U.S. 533), with the opinion authored by arch-conservative jurist Justice Antonin Scalia. In that case, police in Boston had probable cause to stop two vehicles carrying marijuana as they exited a warehouse. Police then forced entry into the warehouse without a warrant and saw several wrapped bales that they suspected were drugs.

After seeing the bales, the officers left the warehouse and got a warrant based on their suspicion that more drugs were stored in the building. But in the affidavit for that search warrant, the police never mentioned that they had already entered the warehouse without a warrant and saw only stacked bales.

Still, Scalia ruled for the police, holding that the Fourth Amendment doesn't require the exclusion of evidence found during a warrantless illegal search if that evidence is also found during a later search with a valid search warrant.

Another case, this one on probable cause for searches, also came into play as appeals court judges pondered the issues before them in Huskisson's case. In 2010, judges of that same 7th US Circuit Court of Appeals held in a case involving drugs stored in an apartment, United States v. Etchins that's even though police illegally entered the apartment without a warrant and without the consent of the resident and remained in the apartment until a warrant was issued hours later, that "because the officers' search relied on a later-arriving warrant based on information sufficiently unrelated to the initial entry, the evidence discovered in Etchin's apartment was untainted by the officers' illegal behavior. "We therefore conclude that the district court properly denied the defendants' motions to suppress and, finding no error in the sentences imposed, we affirm."

Even as it denied Etchins' appeal, the appeals court conceded that "we do not doubt that the officers' warrantless entry violated the Fourth Amendment, but probable cause existed to search Etchins' apartment when officers unlawfully entered the first time. Therefore, the evidence discovered in Etchins' apartment was untainted by the officers' illegal behavior."

Relying mostly on Murray, but also on Etchins, on June 5th 2019, the 7th Circuit found that although Drug Enforcement (DEA) agents should've obtained a search warrant prior to entering Huskisson's home to get the dope, yet the panel insisted the unlawful evidence was still admissible under independent source doctrine, and that prior probable cause had already been established, tilting their decision in favor of the police.

The 7th Circuit concluded that prior evidence of police informant Anthony Hardy's initial admissions to DEA agent Michael Cline about his drug-dealing history with Huskisson, including Hardy's nine phone calls to Huskisson to set up the meth deal including Hardy's pre-bust signal to Cline at the scene were sufficient for probable cause prior to the officers entering Huskisson's home.

Paul Huskisson, currently serving 20 years at FCI Lexington. (Facebook)
Another key point the justices took into consideration was Hardy's story of drugs he saw in Huskisson's house after Hardy arrived, which, taken together, justified the resort to independent source doctrine because the DEA had already established probable cause against Huskisson without a warrant in hand.

"Though the government should not profit from its bad behavior, neither should it be placed in a worse position than it would otherwise have occupied," the panel held.

These same judges weren't even swayed by the glaringly inconsistent statements made by the police sergeant who testified agents planned to search Huskisson's house without a warrant even if he refused to consent to a search. Rejecting

Huskisson's appeal, the justices affirmed his conviction on federal drug charges in Indianapolis as result of the DEA investigation.

In effect, the appeals court held that police had established probable cause that Huskisson was dealing drugs, so the illegal search was okay. But probable cause should only give law enforcement the ability to obtain a search warrant, not give the police automatic permission to enter someone's home without one.

Still, the panel was critical of the DEA. "We do not condone this illegal behavior by law enforcement; the better practice is to obtain a warrant before entering a home. Ordinarily, the evidence found here would be excluded. But, because the government had much other evidence of probable cause, and had already planned to apply for a warrant before the illegal entry; therefore, the evidence is admissible."

Troubling Precedents

Legal scholars and defense attorneys are troubled by the line of cases that resulted in allowing illegally seized evidence to be used in criminal prosecutions.

"There are so many examples of police taking advantage of loopholes in Supreme Court doctrines that it must be incentivizing police in some cases to conduct illegal searches where they would otherwise seek a warrant," Ryan W. Scott, professor at Indiana University Maurer School of Law in Bloomington, told the Chronicle.

Washington, DC-based criminal defense attorney and appellate expert Steve Leckar, explained how the problem is rooted in the 1988 Supreme Court decision in Murray.

"Here's the problem," Leckar told the Chronicle. "In Murray, the US Supreme Court said independent source doctrine can be used."

Professor Scott concurred in pointing to Murray.

"The Supreme Court's answer in Murray was that police ( like the agents in Huskisson's case) still should prefer to obtain a warrant up front because then the police wouldn't have to bear the additional burden of establishing that both the showing of probable cause and their decision to seek a warrant were totally independent of the evidence the police recovered," he said.

Attorney Leckar said the line of decisions is deeply concerning. "This ruling gives police a green light to enter homes unannounced without a warrant, with the risk of confronting armed citizens," he noted. "Decisions like this allow the police to bust into people's homes' willy-nilly with little fear of being held accountable in a civil lawsuit," Leckar added.

He also worries that as officers become more aware of how independent source doctrine can be used to get around the exclusionary rule, they may be incentivized to create a story filled with half-truths to create questionable probable cause in order to make a warrantless entry into a person's residence or place of business.

Leckar was also critical of the appeals court panels' reasoning. "The problem with this court's decision is the belief the police shouldn't be put in a worse position, but the fact of the matter is the officers identified no reason that prevented them from getting a warrant within a timely manner," he argued. "They said they were going to get a warrant, but that's easy to say. What evidence was there of that?"

"Why bother getting a warrant right away if you can just conduct the search illegally, confirm that you were right, and then get the evidence admitted anyway?" Professor Scott added. "To be clear, independent source doctrine affects only the admissibility of evidence; it doesn't mean the police are legally free to enter the homes of suspected drug dealers without a warrant," he explained.

Huskisson is appealing to the US Supreme Court. Its his last hope, but his prospects there are cloudy at best.

Journalist Clarence Walker Jr. wishes Drug War Chronicle readers and everyone a safe, wonderful, blessed Christmas and prosperous New Year in 2020.

Any comments? Reach Clarence Walker at: [email protected]

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