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Two Takes on the Global Drug War and Global Drug Cultures [FEATURE]

Dopeworld: Adventures in the Global Drug Trade by Niko Vorobyov (August 2020, St. Martin’s Press, hardcover, 432 pp., $29.99)

Pills, Powder, and Smoke: Inside the Bloody War on Drugs by Antony Loewenstein (November 2019, Scribe, paperback, 368 pp., $19.00)

America shows signs of emerging from the century-long shadow of drug prohibition, with marijuana leading the way and a psychedelic decriminalization movement rapidly gaining steam. It also seems as if the mass incarceration fever driven by the war on drugs has finally broken, although tens if not hundreds of thousands remain behind bars on drug charges.

As Americans, we are remarkably parochial. We are, we still like to tell ourselves, “the world’s only superpower,” and we can go about our affairs without overly concerning ourselves about what’s going on beyond our borders. But what America does, what America wants and what America demands has impacts far beyond our borders, and the American prohibitionist impulse is no different.

Thanks largely (but not entirely) to a century of American diplomatic pressure, the entire planet has been subsumed by our prohibitionist impulse. A series of United Nations conventions, the legal backbone of global drug prohibition, pushed by the U.S., have put the whole world on lockdown.

We here in the drug war homeland remain largely oblivious to the consequences of our drug policies overseas, whether it’s murderous drug cartels in Mexico, murderous cops in the Philippines, barbarous forced drug treatment regimes in Russia and Southeast Asia, exemplary executions in China, or corrupted cops and politicians everywhere. But now, a couple of non-American journalists working independently have produced a pair of volumes that focus on the global drug war like a U.S. Customs X-ray peering deep inside a cargo container. Taken together, the results are illuminating, and the light they shed reveals some very disturbing facts.

Dopeworld author Niko Vorobyov and Pills, Powder, and Smoke author Antony Loewenstein both attempt the same feat—a global portrait of the war on drugs—and both reach the same conclusion—that drug prohibition benefits only drug traffickers, fearmongering politicians, and state security apparatuses—but are miles apart attitudinally and literarily. This makes for two very different, but complementary, books on the same topic.

Loewenstein, an Australian who previously authored Disaster Capitalism and Profits of Doom, is—duh—a critic of capitalism who situates the global drug war within an American project of neo-imperial subjugation globally and control over minority populations domestically. His work is solid investigative reporting, leavened with the passion he feels for his subject.

In Pills, Powder, and Smoke, he visits places that rarely make the news but are deeply and negatively impacted by the U.S.-led war on drugs, such as Honduras. Loewenstein opens that chapter with the murder of environmental activist Berta Caceres, which was not directly related to the drug war, but which illustrates the thuggish nature of the Honduran regime—a regime that emerged after a 2009 coup overthrew the leftist president, a coup justified by then-Secretary of State Hillary Clinton, and which has received millions in U.S. anti-drug assistance, mainly in the form of weapons and military equipment.

Honduras doesn’t produce any drugs; it’s only an accident of geography and the American war on drugs that we even mention the country in the context of global drug prohibition. Back in the 1980s, the administration of Bush the Elder cracked down on cocaine smuggling in the Caribbean, and as traffickers sought to evade that threat, Honduras was perfectly placed to act as a trampoline for cocaine shipments taking an alternative route through Mexico, which incidentally fueled the rise of today’s deadly and uber-wealthy Mexican drug cartels.

The drug trade, combined with grinding poverty, huge income inequalities, and few opportunities, has helped turn Honduras into one of the deadliest places on earth, where the police and military kill with impunity, and so do the country’s teeming criminal gangs. Loewenstein walks those mean streets—except for a few neighborhoods even his local fixers deem too dangerous—talking to activists, human rights workers, the family members of victims, community members, and local journalists to paint a chilling picture. (This is why Hondurans make up a large proportion of those human caravans streaming north to the U.S. border. But unlike Venezuela, where mass flight in the face of violence and economic collapse is routinely condemned as a failure of socialism, you rarely hear any commentators calling the Honduran exodus a failure of capitalism.)

He reexamines one of the DEA’s most deadly recent incidents, where four poor, innocent Hondurans were killed by Honduran troops working under DEA supervision in a raid whose parameters were covered up for years by the agency. Loewenstein engaged in extended communication with the DEA agent in charge, as well as with survivors and family members of those killed. Those people report they have never received an apology, not to mention compensation, from the Honduran military—or from the United States.While the Honduran military fights the drug war with U.S. dollars, Loewenstein shows it and other organs of the Honduran government are also deeply implicated in managing the drug traffic. And news headlines bring his story up to date: Just this month, U.S. prosecutors in New York accused the current, rightist president of Honduras, Juan Orlando Hernández, of meeting with and taking a bribe from a drug trafficker. This comes after his brother, former Honduran Senator Juan Antonio Hernández, was convicted of running tons of cocaine into the United States in a trial that laid bare the bribery, corruption, and complicity of high-level Hondurans in the drug trade, including the president.

Loewenstein also takes us to Guinea-Bissau, a West African country where 70 percent of the population subsists on less than $2 a day and whose biggest export is cashews. Or at least it was cashews. Since the early years of this century, the country has emerged as a leading destination for South American cocaine, which is then re-exported to the insatiable European market.

Plagued by decades of military coups and political instability, the country has never developed, and an Atlantic shoreline suited for mass tourism now serves mainly as a convenient destination for boatloads and planeloads of cocaine. Loewenstein visits hotels whose only clients are drug traffickers and remote fishing villages where the trade is an open secret and a source of jobs. He talks with security officials who frankly admit they have almost no resources to combat the trade, and he traces the route onward to Europe, sometimes carried by Islamic militants.

He also tells the tale of one exemplary drug bust carried out by a DEA SWAT team arguably in Guinean territorial waters that snapped up the country’s former Navy minister. The DEA said he was involved in a “narco-terrorist” plot to handle cocaine shipments for Colombia’s leftist FARC guerillas, who were designated as “terrorists” by the administration of Bush the Junior in a politically convenient melding of the wars on drugs and terror.

It turns out, though, there were no coke loads, and there was no FARC; there was only a DEA sting operation, with the conspiracy created out of whole cloth. While the case made for some nice headlines and showed the U.S. hard at work fighting drugs, it had no demonstrable impact on the use of West Africa as a cocaine conduit, and it raised serious questions about the degree to which the U.S. can impose its drug war anywhere it chooses

Loewenstein also writes about Australia, England, and the United States, in each case setting the historical and political context, talking to all kinds of people, and laying bare the hideous cruelties of drug policies that exert their most terrible tolls on the poor and racial minorities. But he also sees glimmers of hope in things such as the movement toward marijuana legalization here and the spread of harm reduction measures in England and Australia.

He gets one niggling thing wrong, though, in his chapter on the U.S. He converses with Washington, D.C., pot activists Alan Amsterdam and Adam Eidinger, the main movers behind D.C.’s successful legalization initiative, but in his reporting on it, he repeatedly refers to D.C. as a state and once even mistakenly cites a legal marijuana sales figure from Washington state (there are no legal sales in D.C.). Yes, this is a tiny matter, but c’mon, Loewenstein is Australian, and he should know a political entity similar to Canberra, the Australian Capital Territory.

That quibble aside, Loewenstein has made a hardheaded but openhearted contribution to our understanding of the multifaceted malevolence of the never-ending war on drugs. And I didn’t even mention his chapter on the Philippines. It’s in there, it’s as gruesome as you might expect, and it’s very chilling reading.

Vorobyov, on the other hand, was born in Russia and emigrated to England as a child. He reached adulthood as a recreational drug user and seller—until he was arrested on the London Underground and got a two-year sentence for carrying enough Ecstasy to merit a charge of possession with intent to distribute. After that interval, which he says inspired him to write his book, he got his university degree and moved back to Russia, where he picked up a gig at Russia Today before turning his talents to Dopeworld.

Dopeworld is not staid journalism. Instead, it is a twitchy mish-mash, jumping from topic to topic and continent to continent with the flip of a page, tracing the history of alcohol prohibition in the U.S. at one turn, chatting up Japanese drug gangsters at the next, and getting hammered by ayahuasca in yet another. Vorobyov himself describes Dopeworld as “true crime, gonzo, social, historical memoir meets fucked up travel book.”

Indeed. He relates his college-boy drug-dealing career with considerable panache. He parties with nihilistic middle-class young people and an opium-smoking cop in Tehran, he cops $7 grams of cocaine in Colombia and tours Pablo Escobar’s house with the dead kingpin’s brother as a tour guide, he has dinner with Joaquin “El Chapo” Guzman’s family in Mexico’s Sinaloa state and pronounces them nice people (“really chill”), and he meets up with a vigilante killer in Manila.

Vorobyov openly says the unsayable when it comes to writing about the drug war and drug prohibition: Drugs can be fun! While Loewenstein is pretty much all about the victims, Vorobyov inhabits the global drug culture. You know: Dopeworld. Loewenstein would bemoan the utter futility of a record-breaking seizure of a 12-ton load of cocaine; Vorobyov laments, “that’s 12 tons of cocaine that will never be snorted."

Vorobyov is entertaining and sometimes laugh-out-loud funny, and he brings a former dope dealer’s perspective to bear. He’s brash and breezy, but like Loewenstein, he’s done his homework as well as his journalistic fieldwork, and the result is fascinating. To begin to understand what the war on drugs has done to people and countries around the planet, this pair of books makes an essential introduction. And two gripping reads.

Dopeworld: Adventures in the Global Drug Trade by Niko Vorobyov (August 2020, St. Martin’s Press, hardcover, 432 pp., $29.99)

Pills, Powder, and Smoke: Inside the Bloody War on Drugs by Antony Loewenstein (November 2019, Scribe, paperback, 368 pp., $19.00)

Dopeworld: Adventures in the Global Drug Trade by Niko Vorobyov (August 2020, St. Martin’s Press, hardcover, 432 pp., $29.99)

Pills, Powder, and Smoke: Inside the Bloody War on Drugs by Antony Loewenstein (November 2019, Scribe, paperback, 368 pp., $19.00)

Trump's Latest Drug Budget: Pretty Much More of the Same [FEATURE]

The Trump administration rolled out its proposed Fiscal Year (FY) 2021 National Drug Control Budget Tuesday, and it's pretty much more of the same -- $35.7 billion more, to be precise. That's a proposed $94 million increase over what was actually allocated in the current fiscal year.

cocaine seized by US Customs at the Mexican border (dhs.gov)
To be fair, only about half of that money would be destined for the fruitless and endless battle to enforce drug prohibition. The request includes $18.6 billion for prevention and treatment efforts and $17.1 billion for "domestic law enforcement, interdiction, and international drug control efforts," the drug war side of the federal drug budget.

"The FY 2021 budget request sends a strong message that, although we've seen signs of real progress, the Trump administration will not let up in our efforts to save American lives," Office of National Drug Control Policy (ONDCP) Director Jim Carroll said in a statement accompanying the budget release. "Whether it is going after drug traffickers, getting people struggling with addiction the help they need, or stopping drug misuse before it starts, this budget request ensures our partners will have the resources needed to create safer and healthier communities across the nation."

But big talk notwithstanding, there's not really much of a bump for much-needed treatment. The budget would provide more than $14 billion to the Department of Health and Human Services for drug treatment funding, a 3% increase for the department and a 2.9% increase for treatment funding across the federal government. That includes $3.9 billion in drug treatment funding for the DEA for something outside its purview and for which it has not been previously funded.

There's another $2.135 billion for prevention, which we tend to think of mainly as educational efforts, but which the administration notes includes coercive and punitive "drug-free workplace programs" and "drug testing in various settings, including athletic activities, schools, and the workplace."

Ironically given ONDCP's role in rolling out the drug budget, the budget once again takes aim directly at ONDCP. Since the Bush administration, there have been efforts to eliminate or sideline ONDCP, and the Trump administration is back at it. This budget, if enacted, would slash the drug czar's office funding from the $261 million allocated this year to a measly $4.3 million next year, a whopping 98.4% reduction. Congress has so far always rejected such moves. The major part of that reduction results from the transfer of control over High Intensity Drug Trafficking Area (HIDTA) funds from ONDCP to the DEA.

And speaking of the DEA and the prohibition enforcement fraction of the overall drug budget, DEA would see its budget increase to $3.1 billion, an increase of 15.8% over this year. More than half of that increase, though, comes from the transfer of those HIDTA funds from ONDCP.

Overall, domestic drug law enforcement spending would increase to $9.95 billion dollars, a jump of 0.9% over this year. That would include $3.4 billion to pay for housing federal drug war prisoners, $931 million for the US Marshals Service to catch more drug war fugitives, and more than half a billion dollars for the Organized Crime Drug Enforcement Task Force program, among other line items.

There's also $3.4 billion for the Department of Homeland Security's Customs and Border Protection to "protect America's land, sea, and air borders from drug trafficking-related security threats." At the same time, though, the budget would reduce the Defense Department's drug interdiction activities -- think Coast Guard ships loaded with seized cocaine -- from $225 million to $109 million, a reduction of more than half.

But there's also international drug enforcement spending, and the Pentagon would get another $200 million for interdiction and counterdrug activities. That would be a dramatic 43% reduction from the $354 million appropriated this year.

The Justice Department, though, would see a 31% increase in its overseas spending, to just over half a billion dollars. The vast bulk of that funding -- $499.7 million -- would be destined for DEA overseas activities.

But the department with the biggest chunk of foreign drug war funding is State, which would see its Bureau of International Narcotics and Law Enforcement ("drugs and thugs") funded at $441 million, up 15% over this year. That includes things like trying to suppress the Afghan opium crop or the Colombian coca crop, tasks which have proven remarkably futile.

This is the Trump administration's drug war wish list. It is only a budget proposal and is unlikely to remain unchanged, and with keeping ONDCP active a long-running congressional priority, the radical reduction in its funding is one item that's likely to be amended. Still, the Congress has for years passed largely similar drug budgets, and this one will probably pass, too, without many substantial changes.

This Week's Corrupt Cops Stories

A former DEA agent gets popped for helping a Colombian drug trafficker, a former Atlanta-area drug task force member goes to federal prison for stealing and reselling drugs from drug busts, and more. Let's get to it:

In San Juan, Puerto Rico, a former DEA special agent was arrested last Friday on charges he used cash seized during undercover drug operations to buy luxury goods, including jewelry, cars, and a house in Cartagena, Colombia, and engaged in money laundering with a Colombian drug trafficker. He is charged with conspiracy to launder money, honest services wire fraud, bank fraud, conspiracy to commit bank fraud, conspiracy to commit identity theft and aggravated identity theft. His wife, who was also arrested, is charged with conspiracy to launder money. His charging indictment accuses him of "engaging in a corrupt scheme" and "enriching himself by secretly using his position and his special access to information to divert drug proceeds from DEA control to the control of himself and his co-conspirators."

In Cincinnati, a Cincinnati police officer was arrested last Friday on charges she outed an undercover officer to a nightclub owner targeted in a money laundering and drug trafficking investigation, as well as concealing $81,000 in off-duty income. Officer Quianna Campbell, 39, is charged with lying to federal agents and filing false income tax returns.

In North Charleston, South Carolina, a former North Charleston narcotics detective was arrested Tuesday officials said they found he provided information about another agency's investigations to a person involved in drug activity. Brett Bull, 33, allegedly sent text messages to that person, alerting him to drug operations being planned by the Charleston County Sheriff's Office and warning him to "stay away." He is charged withmisconduct in office and obstruction in connection to the incident.

In Atlanta, a former Gwinnet County drug task force member was sentenced Monday to 10 years in federal prison for stealing drugs off the street and then selling them. Antione Riggins, 41, pleaded guilty late last year to drug trafficking He admitted seizing narcotics, including methamphetamine, heroin, cocaine and oxycodone, while creating documents to try to cover up his tracks. In one case, he seized three pounds of cocaine from a high-speed crash, but only logged one into the evidence room. In another incident, Riggins was tasked with transporting 13 pounds of meth from an Atlanta hotel to the evidence room. None of the meth made it there. Three days after that 2017 incident, Riggins made off with more than eight pounds of heroin that were supposed to go to the evidence room.

Chronicle AM: KY House Passes MedMJ Bill, DEA Announces New Anti-Meth Operation, More... (2/21/20)

A new poll shows Florida voters strongly support marijuana legalization, the DEA announces Operation Crystal Shield, the drug czar announces this year's version of a border strategy, and more.

The DEA announces a new operation targeting meth "transport hubs." (DEA)
Marijuana Policy

Florida Poll Has Strong Support for Marijuana Legalization. A new poll from the University of North Florida Public Opinion Lab and First Coast News has support for marijuana legalization in the Sunshine State at 64%. The poll asked whether respondents would support allowing up to 2.5 ounces of marijuana to be legally purchased, possessed, transported, displayed and used. Nearly three-quarters (73%) of Democrats supported legalization, and even a majority (52%) of Republicans did, too.

Medical Marijuana

Kentucky House Approves Medical Marijuana. The House voted 65-30 Thursday to approve HB 136, which would legalize medical marijuana in the state, but not in smokable form. The bill must pass the state senate and be signed by Gov. Andy Beshear (D) before it becomes law.

Methamphetamine

DEA Announces Launch of Operation Crystal Shield, Will Target Meth Transport Hubs. DEA Acting Administrator Uttam Dhillon announced Thursday that the DEA will direct enforcement resources to methamphetamine “transportation hubs” — areas where methamphetamine is often trafficked in bulk and then distributed across the country. While continuing to focus on stopping drugs being smuggled across the border, DEA’s Operation Crystal will target eight major methamphetamine transportation hubs: Atlanta, Dallas, El Paso, Houston, Los Angeles, New Orleans, Phoenix, and St. Loius. Together, these DEA Field Divisions accounted for more than 75% of methamphetamine seized in the U.S. in 2019.

Drug Policy

White House Releases National Drug Interdiction Plan, Border Strategies. White House Office of National Drug Control Policy (ONDCP) Director Jim Carroll on Thursday released the National Interdiction Command and Control Plan (NICCP), which outlines the Trump Administration’s interdiction strategy to reduce the availability of illicit drugs in the United States. The plan includes both a southwestern border strategy and a northern border strategy. "Almost all of the drugs killing thousands of Americans originate from outside the United States. The Plan demonstrates how close coordination across Federal, State, territorial, local, and tribal law enforcement agencies is crucial to stopping these deadly drugs from coming into our country and making their way into our communities," ONDCP Director Jim Carroll said.

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]

Chronicle AM: NJ MJ Referendum Set to Advance, Dirty Detroit Narcs, MA Pot Vaping Resumes, More... (12/13/19)

Italy legalizes hemp and CBD products, Trinidad and Tobago moves toward marijuana decrim, New Jersey legislators are busy on two fronts, and more.

New Jersey legislators are making progress on two different fronts this week. (Creative Commons)
Marijuana Policy

Senators Demand Update from DEA On Marijuana Growing Applications. A group of Democratic senators led by Sen. Elizabeth Warren (D-MA) have sent a letter to the DEA, the Office of National Drug Control Policy (ONDCP -- the drug czar's office), and the Department of Health and Human Services (HHS) demanding that they provide an update on efforts to expand the number of authorized marijuana grows for research purposes. The letter notes that DEA announced more than three years ago that it would begin approving additional research grows, but has yet to issue any new licenses. The agency says the volume of new applications requires that it develop alternate rules before issuing any new licenses.

Massachusetts Pot Shops Okayed to Resume Sales of Some Vaping Products. The state's Cannabis Control Commission has amended a November ban on marijuana vaping products, now allowing stores to sell them but only if they are manufactured after this date and have been tested for contaminants.

New Jersey Legislature Holds Hearing on Marijuana Referendum. Legalization supporters outnumbered foes Thursday as the legislature held hearings in both chambers on whether to put a constitutional amendment on the November 2020 ballot letting voters decide on whether to free the weed. Votes on the measure are expected in both houses on Monday.

Expungement

New Jersey Drug Expungement Bill Headed for Monday Vote. After an Assembly committee passed a bill, A-5981, Thursday without hearing any testimony, the measure heads for floor votes in both houses on Monday. The bill would make it easier for people to rid their records of minor drug and other offenses. Under its "clean slate" provision, all prior non-serious crimes could be sealed after a decade, while those involving smalltime marijuana or hashish possession could be expunged immediately. For minor drug offenses that occur after the bill is passed, a judge would immediately remove them from a person's record.

Foreign Policy

Senate Committee Passes Resolution for Sanctions Against Philippine Officials Involved in Imprisonment of Drug War Critic Sen. Leila de Lima. The Senate Foreign Relations Committee on Tuesday unanimously approved the Free Leila resolution (Senate Resolution 142), which calls for the applications of sanctions under the Magnitsky Act against Philippines officials responsible for "orchestrating the arrest and prolonged detention" of Filipina drug war critic Sen. Leila de Lima. The resolution also calls for sanctions against members of the security forces and Philippine officials responsible for extrajudicial killings during President Rodrigo Duterte's bloody drug war. The resolution is non-binding but signals strong revulsion toward the behavior of the Duterte government.

Law Enforcement

Detroit Narcs Accused of Corrupt Policing. A raid on the Detroit Police Department's narcotics unit in August has uncovered dirty dealing there. Investigators have found a half-dozen instances of narcs stealing money from alleged drug dealers and two where drugs were planted on suspects. One former narc was arrested the day of the raid on federal charges he took bribes from a drug dealer, and Chief James Craig said he's looking at the unit that the officer was assigned to. "Sadly, as we continue our probe, we think it's going to grow in terms of magnitude," Craig said.

International

Italy Legalizes Hemp, CBD Products. Parliament this week legalized the production and sale of cannabis products containing less than 0.5% THC. The law will go into effect January 1. Former rightist Interior Minister Matteo Salvini had vowed to shut down shops selling what the Italians call "cannabis light," but now parliament has thwarted that effort.

Trinidad and Tobago Lawmakers Approve Marijuana Decriminalization Bill. The House of Representatives on Wednesday approved a bill that would decriminalize the possession of up to 30 grams of marijuana. People caught with more than 30 but less than 60 grams would pay a fixed fine. The bill would also allow for the personal cultivation of up to four plants and provide a pathway for expungement of previous small-time marijuana offenses. The bill now heads for a Senate vote later this month. But it also contains provisions that would impose new penalties against possession and distribution of other substances, such as LSD, MDMA and ketamine.

Chronicle AM: Trump Offers to "Wage War" on Mexican Cartels, SD MedMJ and Legalization Initiatives, More... (11/5/19)

South Dakota medical marijuana and marijuana legalization campaigns turn in raw signatures, a California psychedelic decriminalization initiative gets updated, President Trump offers to "wage war" on Mexican drug cartels after an ambush left nine dual US-Mexican citzens dead, and more.

South Dakota's Badlands. Next year, the state could become less bad for marijuana users. (Creative Commons)
Marijuana Policy

South Dakota Marijuana Legalization Initiative Turns in Signatures. The activist group South Dakotans for Better Marijuana Laws on Monday submitted more than 50,000 raw signatures to put a constitutional amendment legalizing marijuana to a vote. The proposal would legalize, regulate and tax marijuana for adults 21 and older and would require the legislature to pass laws regulating cultivation, processing and sale of hemp. The group needs 33,921 valid voter signatures to qualify for the November 2020 elections. State officials will announce in a matter of weeks whether the initiative has qualified.

Medical Marijuana

South Dakota Medical Marijuana Initiative Campaign Hands in Signatures. New Approach South Dakota, the group behind a medical marijuana initiative, handed in more than 30,000 raw signatures on Monday, nearly double the 16,691 valid voter signatures required to qualify the measure for the November 2020 ballot. State officials will announce in a matter of weeks whether the initiative has qualified.

Psychedelics

California Natural Psychedelics Initiative Refiled. Decriminalize California, the group behind a move to decriminalize psilocybin, has filed a new version of its initiative with state officials. The new version seeks a new ballot title and summary and adds language regarding amnesty for past offenses and allowing for sales of psilocybin.

Foreign Policy

In Wake of Killings of Nine Americans, Trump Says He Could Send US Military to "Wage War" on Mexican Drug Cartels. After nine dual US-Mexican citizens were killed in an ambush in Sonora on Monday, President Trump tweeted that he could send the US military into Mexico to "wage war" on drug cartels. The US was "ready, willing & able to get involved and do the job quickly and effectively" if Mexican President Andres Manuel Lopez Obrador asked for help, Trump said. Lopez Obrador declined the offer, but said he would speak to Trump about security cooperation between the two countries.

International

Mexican Supreme Court Gives Congress Six More Months to Legalize Marijuana. The Supreme Court has given Congress another six month to pass legislation that will legalize marijuana after Congress failed to get it done by an October 31 deadline. That means that the bill now seen as closest to the finishing line is likely to be modified. Its current version limits foreign ownership, vertical integration, and license resale, all of which are opposed by business interests. The Senate asked the court for an extension after failing to reach a consensus by the October deadline.

Philippine Drug War Critic Appointed to Key Drug Policy Role. Philippines President Rodrigo Duterte has appointed his main political rival and a harsh critic of his bloody drug war as co-chair of an inter-agency anti-drugs body. Vice-President Leni Robredo has criticized Duterte's tactics and expressed alarm about the death toll while saying that the deadly campaign has failed to stop the drug trade. The move could be a cynical ploy by Duterte to make her a scapegoat for the failures of his anti-drug campaign, a Robredo spokesman suggested.

Chronicle AM: The Lancet Comes Out Hard for Drug Decriminalization, Kansas City Weed Brouhaha, More... (10/24/19)

A Kansas City city council meeting over marijuana decriminalization gets heated, a Florida poll shows good numbers for marijuana legalization, The Lancet comes out swinging on drug decriminalization, and more.

Hydrocodone. The DEA is tightening rules for opioid manufacturers. (Creative Commons)
Marijuana Policy

Florida Poll Has Strong Majority for Legalization. A new poll from the Public Opinion Research Lab has support for marijuana legalization at 64%, including 54% of Republicans. The poll comes as two different legalization initiatives are vying to get on the 2020 ballot. One of them is a constitutional amendment, which requires 60% of the vote to be approved.

Kansas City Brouhaha Over Municipal Marijuana Reform. Things got heated at the Kansas City, Missouri, city council meeting Wednesday night as a council committee unanimously passed a measure that would wipe out a municipal violation for anyone caught with 35 grams or less of marijuana after 180 days. But the proposal was originally to decriminalize up to 100 grams and was altered considerably and passed without a second public hearing, angering dozens of residents who had shown up to support the original effort. The measure goes to the full council next week.

Heroin and Prescription Opioids

DEA Unveils New Rule on Opioid Manufacturers After Criticism. A proposed rule published Wednesday would even further restrict opioid manufacturing. The agency sets quotas each year for how many opioid medications manufacturers can produce in the US. The proposed new rule would require that appropriate quota reductions be made after estimating the potential for pills to be sold illegally.

International

Britain's Leading Medical Journal Comes Out for Drug Decriminalization. Medical journal The Lancet has come out hard for drug decriminalization in a special drugs issue released Wednesday. The medical profession must fight for the rights of drug users and offer them "solidarity and protection from the worst excesses of populist politics," according to an editorial introducing the issue. The editorial noted that "policies that might improve the lives of people with health problems relating to drug use are not seen as substantial vote winners."

Chronicle AM: Opioid Makers Settle with Ohio Counties, Mexico Marijuana Legalization Moves, More... (10/21/19)

A federal court says the DEA is doing what it needs to in processing marijuana research applications, more opioid makers and distributors settle and pay out over the opioid crisis, the Honduran president's brother has been convicted of drug trafficking conspiracy in New York, and more.

Fentanyl manufacturer Teva Pharmaceuticals is among four companies who just settled for millions with two Ohio counties. (CC)
Marijuana Policy

Federal Court Dismisses Suit Against DEA over Marijuana Growing Applications. The US Court of Appeals for the District of Columbia dismissed a lawsuit against the DEA over the processing of applications for research-grade marijuana cultivators. The court found that since the case was filed in June, the DEA had fulfilled the requirement to process those applications.

Medical Marijuana

Georgia Medical Marijuana Program Stalled. Six months after Gov. Brian Kemp (R) signed a bill allowing for the cultivation and sales of medical marijuana in the state, the program is stalled because he and other top political figures have yet to appoint the members of a commission that will oversee the expansion. Neither the governor nor other key figures have explained the delay.

Utah Medical Marijuana Advocates Win Round in Lawsuit over Replacing Initiative. Medical marijuana advocates who are suing the state after the legislature replaced a voter-approved initiative with its own medical marijuana bill won an initial victory in court last Thursday. US Magistrate Judge Dustin Pead denied a motion from the attorney general's office to dismiss their lawsuit. He also accepted plaintiff's request to send the case back to state court.

Heroin and Prescription Opioids

Ohio Counties to Receive Millions in Settlement with Opioid Makers. Cuyahoga and Summit counties will receive at least $260 million from four opioid distributors and manufacturers as a settlement of their case against them for their role in the opioid epidemic. The four are drug distributors McKesson, AmerisourceBergen, and Cardinal Health as well as generic opioid painkiller maker Teva Pharmaceuticals. The only remaining defendant, Walgreens, did not settle, but now its case, which was set to begin Monday, is delayed.

International

Honduran President's Brother Convicted of Drug Trafficking in New York. A federal jury in New York City found former Honduran congressman Tony Hernandez guilty of a drug trafficking conspiracy. Hernandez is the brother of Honduran President Juan Orlando Hernandez. Early in the trial, prosecutors told the court that Tony Hernandez passed on a $1 million bribe from Sinaloa Cartel head Joaquin "El Chapo" Guzman to his brother during Juan Orlando Hernandez' 2013 presidential reelection campaign.

Mexican Committees Unveil Marijuana Legalization Bill Ahead of Supreme Court Deadline. Mexican Senate committees unveiled draft marijuana legalization bills last Thursday, days ahead of a Supreme Court-imposed deadline, and said they would stay in permanent session to ensure they get legislation passed before the October 31 deadline. Votes could come this week. The bill would allow people 18 and over to possess marijuana, grow up to four plants, and purchase pot from licensed retailers. A new regulatory body, the Cannabis Institute, would handle licensing and monitoring implementation of the law, and poor people, small farmers, and indigenous people would have licensing priority.

Chronicle AM: Pot Vaping Bans, DEA Shrugs Shoulders at Pain Patient Complaints, More... (10/15/19)

The vaping crisis has impelled two more states to restrict marijuana vaping products, Mexican cartel gunmen kill 14 police in a bloody ambush, and more.

Hydrocodone. Pain patients are complaining over DEA cuts to opioid production quotas, but DEA is sanguine. (Creative Commons)
Marijuana Policy

Colorado Regulators Prepare Ban on Certain Additives in Marijuana Vape Products. The state's Marijuana Enforcement Division has proposed final rules on vaping products that will ban a set of additives for those products. The move comes amidst the emergence of a mysterious lung disease linked to e-cigs and marijuana vape pens. The proposed prohibitions in ingredients used in marijuana concentrates or products intended for inhalation include: Polyethylene glycol (PEG); Vitamin E Acetate; and Medium Chain Triglycerides (MCT Oil) -- all of which are used to thin THC oil so it can be atomized or vaporized.

Oregon Bans Flavored Marijuana Vaping Products for Six Months. Oregon has now imposed a six month ban on flavored marijuana vaping products, becoming the third state to impose a form of ban on such products since the vaping crisis unfolded. Gov. Kate Brown (D) had issued an executive order on October 4 banning the sale of all flavored vaping products; state officials filed rules last Friday putting the order into effect. The move comes after nine people fell ill in the state, with five of them having bought marijuana products in licensed stores.

Heroin and Prescription Opioids

DEA Swats Away Pain Patient Complaints About Reduced Opioid Production Levels. Hundreds of chronic pain patients have implored the DEA to reconsider its proposed cuts to opioid production, which would reduce production quotas for popular opioids for the fourth year in a row, but the agency is just shrugging its shoulders. The cuts should have no impact on decisions made by doctors and "legitimate pain patients," the DEA said. "The agency does not regulate the practice of medicine. We do not get between a doctor and his or her patient," a DEA spokesperson said. "We also want legitimate pain patients, their families and caregivers to know that DEA does not seek to limit or take away their vital prescriptions."

International

Mexican Cartel Gunmen Ambush Police, Killing More than a Dozen. Gunmen of the Jalisco New Generation Cartel (CJNG) ambushed a police convoy in the western state of Michoacan on Monday, killing 14 police officers in one of the bloodiest attacks on security forces since President Andres Manuel Lopez Obrador took office. Photos from the scene showed burning police videos, the bodies of slain officers, and placards signed "CJNG" warning police not to support rival crime groups, such as Los Viagras.

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