| February 3, 1999 #084 | ||||||||||||||||||
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A DrugSense publication | ||||||||||||||||||
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Table of Contents
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FEATURE ARTICLE (Top) | ||||||||||||||||||
Protecting Yourself Against Overzealous Law Enforcement | ||||||||||||||||||
It saddens me to write this article. It is a profound example of how
far our country has slipped away form our precious Bill of Rights and
Constitutional liberties in our insane attempts to preclude drugs from
even those who desperately need them for medicinal purposes and are
legally entitled to them. | ||||||||||||||||||
I recently had the privilege of reviewing the actual text of the search
warrant that lead to the arrest of high profile California medical
marijuana patients Steve and Michelle Kubby. Kubby was the Libertarian
candidate for governor of California in the recent election. I found
this to be a fascinating read and I gained a good deal of insight into
the thinking of the Sheriff's department and narcotics officers from
this document. This warrant is public record and can be obtained and
read by any interested party. | ||||||||||||||||||
I learned a number of interesting and possibly useful facts from reviewing this document. One was that it appears that "No Trespassing" signs in and around your house can dissuade nosey investigators from being where they are not welcome. The warrant mentioned twice that because there were no such signs the investigators considered it all right to spy through windows and even into bedrooms. | ||||||||||||||||||
It was also interesting that this entire investigation resulted from an anonymous letter. The author made wild and inaccurate claims and to this day the author is unknown by the investigators. I would be very interested to know if a similar, obviously very expensive, investigation would ensue if an anonymous letter were received claiming that say Dan Lungren was raising marijuana and providing it to children. | ||||||||||||||||||
During the investigation the defendants trash was routinely intercepted
and meticulously examined. I believe that a supreme court ruling allows
this (even though it's a blatant violation of ones assumption of a
right to privacy). The value of pointing this out is to assure that
those involved in drug policy issues consider taking precautions such
as shredding sensitive documents and insuring that any contraband be
disposed of in other ways. If you think it can't happen to you then you
are fair game for those who have a fairly loose affiliation with the
Constitution and personal rights and freedoms. | ||||||||||||||||||
Of course the best protection is to refrain from being involved with
illegal substances in any way and those of us who choose to remain
"squeaky clean" probably have less risk of invasion. In these days of
ever worsening erosion of personal freedoms and the Bill of Rights,
however, no one can consider themselves completely immune from
overzealous law enforcement agencies who have in essence been put on
"commission" due to asset forfeiture laws. | ||||||||||||||||||
The Kubby's electrical bills were obtained, apparently without a
warrant, and electrical usage comparisons were done on surrounding
houses of similar size. This is a common tactic for discovering indoor
grow operations. | ||||||||||||||||||
All cash in the home was confiscated. It didn't amount to much but this
could have a negative impact on anyone (particularly those in low
income households) and we should all be aware that such confiscated
cash is difficult to redeem and often is kept by the agency that finds
it. Whether or not it is "drug money" is of little consequence. In this
case the money is guilty unless proven innocent. | ||||||||||||||||||
The final point of interest was that, upon service of the warrant and
subsequent invasion of the defendants home, a number of items were
confiscated from the defendants that were clearly not covered by the
search warrant. Items like printers, cameras and scanners contain no
data and could not possibly provide information to the investigating
officers. This raises two points that may have value to others. First
would this confiscation render the warrant and any evidence obtained
invalid? Second the discovery process for this case should force the
officers to explain why these items were confiscated if not to
specifically hamper the defendants ability to communicate. A final
point that should be obvious is that off site back up for your data is
a good precaution and some might even consider "poison pill" software
(nukes your data with a single command) or encryption of the hard rive
to be prudent. | ||||||||||||||||||
To sum up, anyone who is interested in protecting themselves to the
extent possible should consider the following | ||||||||||||||||||
Place numerous "No Trespassing" Signs around your property Be aware of
what your trash contains. It could fall into the hands of others Take
steps to guard your computer and data against confiscation. All cash
should be very well hidden as it will likely be confiscated by
investigators | ||||||||||||||||||
KNOW YOUR RIGHTS! Visit | ||||||||||||||||||
These sites help insure that you know your rights, are prepared for any
eventuality and to lower your risk of being investigated or indicted
and to improve your chances should the worst happen and you are
arrested. | ||||||||||||||||||
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WEEKLY NEWS IN REVIEW (Top) | ||||||||||||||||||
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Drug War Policy- | ||||||||||||||||||
COMMENT: (1-10) (Top) | ||||||||||||||||||
Apparently restrained by the Marine Corps inquiry's harsh assessment
of the Esequiel Hernandez shooting, the Pentagon has all but suspended
domestic use combat troops in the drug war. (1) | ||||||||||||||||||
Not that this should be understood as a reduced commitment to the notion of a drug free utopia; last week's other headlines suggest that past failures are provoking an assortment of ever more desperate assaults on common sense and individual liberty. (2) thru (6) | ||||||||||||||||||
At odds with the political zealotry, a few notes of sanity were
heard: Judy Mann's thoughtful op-ed in the Washington Post (7) and
three separate warnings on prison excesses by local journalists.
(8) (9) (10) | ||||||||||||||||||
(1) PENTAGON CHANGES POLICY ON USE OF TROOPS IN DRUG WAR ON BORDER (Top) | ||||||||||||||||||
SAN ANTONIO -- The Pentagon has all but ended the use of ground troops
along the U.S.-Mexico border, issuing new rules that require special
permission for armed anti-drug efforts there. | ||||||||||||||||||
Permission must come from the secretary of defense or his deputy, said
Lt. Col. Mike Milord, a Defense Department spokesman. | ||||||||||||||||||
[snip] | ||||||||||||||||||
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(2) PROGRAM PAYS STUDENTS TO SNITCH ON CLASSMATES (Top) | ||||||||||||||||||
PORTLAND (AP) A new school program will pay students up to $1,000 to
snitch on classmates who tote weapons, drink alcohol or use drugs
around school. | ||||||||||||||||||
Mayor Vera Katz unveiled the Campus Crime Stopper program Tuesday and said it will be launched in three school districts around Portland. | ||||||||||||||||||
[snip] | ||||||||||||||||||
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(3) ACLU QUESTIONS ASPECTS OF DRUG SEARCH IN SCHOOLS (Top) | ||||||||||||||||||
DEER LODGE - Students and parents in Deer Lodge thanked school officials Friday for bringing a drug-sniffing dog into the schools. | ||||||||||||||||||
Meanwhile, the American Civil Liberties Union said some aspects of
Thursday's search violated Fourth Amendment protections against
unreasonable searches and seizures. | ||||||||||||||||||
[snip] | ||||||||||||||||||
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(4) BALTO. COUNTY TO PROVIDE DRUG TEST KITS (Top) | ||||||||||||||||||
Results immediate for parents requesting exam for children; 1st
such program in state; Product can identify 6 drug categories, says
abuse agency | ||||||||||||||||||
Baltimore County is about to unveil its latest weapon in the war on
drugs: instant drug testing for children. | ||||||||||||||||||
[snip] | ||||||||||||||||||
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(5) SENATE BACKS BILL TO ADD DRUG PROSECUTORS (Top) | ||||||||||||||||||
ATLANTA -- The state Senate unanimously passed a bill yesterday to
provide additional prosecutors across the state to go after drug
peddlers. | ||||||||||||||||||
[snip] | ||||||||||||||||||
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(6) BANKS' BIG BROTHER (Top) | ||||||||||||||||||
Feds make private institutions play snitch on public's financial
affairs | ||||||||||||||||||
So this is what the drug war has come to: Nosing into the bank
accounts of law-abiding people, even tracking the transaction
histories of depositors and developing profiles on them, in search
of behavior deemed suspicious. | ||||||||||||||||||
[snip] | ||||||||||||||||||
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(7) FROM THE HILL, EVIDENCE OF OUR DECLINE (Top) | ||||||||||||||||||
Now that Billy Jeff has succeeded so handsomely in his scheme to
bait the Republican Party into self-destructing, it's time to begin
the inevitable, endless process of figuring out the Meaning of It
All. | ||||||||||||||||||
It isn't all bad; there are collateral benefits to be found in the
nation's long ordeal. (but) | ||||||||||||||||||
[snip] | ||||||||||||||||||
Proofs of our decline abound: | ||||||||||||||||||
[snip] | ||||||||||||||||||
Serious historians of the future, if they bother with us at all,
will marvel at the naivete of a country that watched in helpless
paralysis as its monstrous criminal justice system squandered
billions of dollars on a cruel, vindictive and wholly futile "war
on drugs," long after civilized nations had concluded that the only
solution was to treat the scourge of chemical addiction as the
socio-medical problem it is. | ||||||||||||||||||
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PRISONS | ||||||||||||||||||
COMMENT: (8-10) (Top) | ||||||||||||||||||
Regular readers will recall that Wisconsin's large prison population
has evoked frequent notice. Last week, Journal-Sentinel writer Eugene
Kane highlighted Eric Schlosser's seminal article on prison growth; he
also added some provocative local details. (8) His entire piece should
be read; excerpts can't do it justice. | ||||||||||||||||||
Washington is another state where an exploding prison system is on a
collision course with fiscal reality. Jim Lynch's report (9) from the
state capitol provides convincing detail and discloses that Washington
will join the growing list of states shipping prisoners out for
incarceration. | ||||||||||||||||||
In Iowa, the drug of concern is different (methamphetamine, rather
than heroin)- but the message is exactly the same: prison expansion as
drug policy is not only ruinously expensive- it simply doesn't work
(10). | ||||||||||||||||||
(8) PRISON SYSTEM GROWS FAT FROM FEAR AND GREED (Top) | ||||||||||||||||||
By Eugene Kane Journal Sentinel columnist [Call Eugene Kane at
223-5521 or e-mail him at ] | ||||||||||||||||||
From time to time, I will get a call or a letter from someone behind
bars. | ||||||||||||||||||
[snip] | ||||||||||||||||||
Surprisingly, many of the inmates who call or write these days don't
want to profess their innocence as much as they want to complain about
conditions inside what has come to be described as "the prison
industrial complex." | ||||||||||||||||||
[snip] | ||||||||||||||||||
Doreatha Mbalia, chairwoman of the University of Wisconsin-Milwaukee's
Department of Africology, took a look at the difference in money spent
for prisons and education in Wisconsin for a recent community forum on
the criminal justice system. | ||||||||||||||||||
She came away shocked at the disparity. The state of Wisconsin spends
$241 million to incarcerate minorities, compared with $81.3 million in
funding grants earmarked for minority students, according to her
findings. | ||||||||||||||||||
[snip] | ||||||||||||||||||
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(9) STATE'S PRISONS NOT KEEPING UP WITH INCREASE IN PRISONERS (Top) | ||||||||||||||||||
ABERDEEN - The fastest-growing chunk of the state budget is invisible
to most taxpayers unless they see a massive new prison under
construction, like the Stafford Correctional Center rising from the mud
near this gritty Grays Harbor County city. | ||||||||||||||||||
Stafford will be finished a year from now and swiftly crammed with
1,936 convicts. Another $200 million prison for another 2,000 inmates
will be needed three years later, and then another, as the state
scrambles to keep pace with a prison population that has more than
doubled since 1989. | ||||||||||||||||||
[snip] | ||||||||||||||||||
Every year, the state's prison system must make room for 700 more
inmates. Prisons are now so swamped that corrections officials are
preparing - for the first time - to pay other states to house the
overflow. | ||||||||||||||||||
[snip] | ||||||||||||||||||
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(10) PRISONS AREN'T ANSWER TO DRUG PROBLEM (Top) | ||||||||||||||||||
A front-page article in the Jan. 9 Register stated that "unless Iowa
curtails the growth of its prison population, the state will need to
build at least six news prisons by 2008. They would cost about $175
million to build and cost more than $285 million if the money were
borrowed. The number of our prisoners in Iowa jails will go to more
than 14,000 over the next decade, in which event Iowa will need to
construct the equivalent of six 750-bed prisons simply to maintain a
prison system operating at less than 140 percent of its designed
capacity." | ||||||||||||||||||
[snip] | ||||||||||||||||||
Roughly 60 percent of the inmates in Iowa prisons are those
arrested for drug offenses - about one-third of whom are there not
for selling, but for simple drug possession. About another third
are there for larceny, robbery and murder in order to get enough
money to buy drugs. | ||||||||||||||||||
We have an obsession that drug use can be eliminated or curtailed
by putting people in jail. And if this doesn't do it, we extend
the jail terms with mandatory sentences. | ||||||||||||||||||
[snip] | ||||||||||||||||||
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MARIJUANA | ||||||||||||||||||
COMMENT: (11-14) (Top) | ||||||||||||||||||
California's dirty little secret is that the state which passed the
first medical marijuana initiative has become a place where patients
toke up at their peril. That fact, and some reasons behind it, became
better known last week. (11) | ||||||||||||||||||
California activists are still waiting for Lungren's successor to specify how the new administration will enforce 215, but with the new guv sounding like McCaffrey and his AG wishing 215 advocates were more "clinical" and less "cult-like, " things are off to poor start. | ||||||||||||||||||
In Orange County, a vindictive judge (12) ignored his local
newspaper's plea for mercy (13) and sentenced the founder of the local
buyers' club to six years in prison . | ||||||||||||||||||
In Lake Tahoe's Placer County, Steve Kubby, (14) entered a not guilty
plea to "conspiracy" charges after a task force raided his home and
discovered: plants. Ironically growing one's own had been touted as
the safe way for patients to possess mj, ever since state courts
narrowly interpreted 215 at Lungren's behest. | ||||||||||||||||||
(11) MEDICINAL MARIJUANA LAW LEADS NEEDY TO DISTRIBUTION IMPASSE (Top) | ||||||||||||||||||
MIDDLETOWN -- Ryan Landers didn't plan on being a farmer. Then
again, he never planned on getting AIDS and needing marijuana to
stay hungry enough to keep him from wasting away. | ||||||||||||||||||
He used to buy pot at the Oakland Cannabis Buyers' Cooperative.
But that club, like many that opened after a 1996 medical
marijuana initiative passed, has been shut down by federal court
order. | ||||||||||||||||||
[snip] | ||||||||||||||||||
Gov. Gray Davis, a Democrat, hasn't said whether he'll support
proposed legislation to authorize $1 million annually to study
medical marijuana or a plan to specify or standardize the
enforcement of Proposition 215. | ||||||||||||||||||
"I believe good science should resolve this issue," Davis has said. | ||||||||||||||||||
[snip] | ||||||||||||||||||
"Unless the federal government changes its policy or adopts a
noninvasive role, the California statute scheme can never be
legally implemented," Lockyer said. | ||||||||||||||||||
"If our law were tighter and there was more of a clinic -- not cult
structure to the statute -- that might be partially persuasive to
the federal government if they see there is a tight regulatory
system." | ||||||||||||||||||
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(12) CANNABIS CLUB FOUNDER GETS SIX-YEAR SENTENCE (Top) | ||||||||||||||||||
WESTMINSTER, Calif. (AP) -- The founder of an Orange County medical
cannabis club was sentenced today to six years in state prison for
selling marijuana to undercover officers and mailing pot to a cancer
patient. | ||||||||||||||||||
Marvin Chavez, who says he uses marijuana to ease the pain of an old
back injury, was immediately remanded into custody by Superior Court
Judge Thomas J. Borris. He winced as a bailiff cuffed his hands behind
a back brace protruding under his sport coat | ||||||||||||||||||
[snip] | ||||||||||||||||||
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(13) MARVIN CHAVEZ DOESN'T DESERVE JAIL TIME (Top) | ||||||||||||||||||
I understand that a number of people have written letters to Judge
Thomas J. Borris of the West County Court in Westminster regarding
today's sentencing of Marvin Chavez, who was found guilty on several
marijuana-related counts last November. Here is mine: | ||||||||||||||||||
Dear Judge Borris: | ||||||||||||||||||
The jury found Marvin Chavez guilty on some counts. That was virtually inevitable given the conscientiousness with which the jurors took the instruction that Proposition 215 (Section 11362.5 of the Health and Safety Code) was to play no part in their deliberations. | ||||||||||||||||||
But it would be a gross miscarriage of justice if Mr. Chavez were
sentenced to prison time. | ||||||||||||||||||
[snip] | ||||||||||||||||||
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(14) DOPE SHOW! ARRESTING KUBBY MAY HAVE BEEN PROP. 215 OPPONENTS' WORST MISTAKE (Top) | ||||||||||||||||||
Proposition 215, the medical-marijuana initiative that was passed into
law more than two years ago, has already been beleaguered by active
opposition from former state Attorney General Dan Lungren and haphazard
recognition from police authorities statewide, but it underwent a
serious buzz kill on Jan. 20 with the arrest of Steve Kubby, last
year's Libertarian Party candidate for governor. | ||||||||||||||||||
[snip] | ||||||||||||||||||
Kubby is enthusiastic about getting his day in court. By his account,
there are no sales whatsoever of the marijuana he has cultivated, and
the total amount of "smokable" weed weighs in at about 3 1/2 pounds
-roughly half of what the federal government provides their seven
licensed medical-marijuana smokers for a year. | ||||||||||||||||||
[snip] | ||||||||||||||||||
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INTERNATIONAL NEWS | ||||||||||||||||||
COMMENT: (15-17) (Top) | ||||||||||||||||||
As usual, overseas news is virtually unanimous in confirming the
failure of American drug policy; the items were so numerous, it was
difficult to pick only 3 or 4. This week, we didn't leave the Western
Hemisphere; Canada (15) and Colombia (16) updated familiar stories;
Cuba's mentions (17) will probably increase as Castro's influence
declines and the Island's commerce and tourism grow. | ||||||||||||||||||
(15) CANADA: JAILS NEARING CRISIS: REPORT (Top) | ||||||||||||||||||
After a year-long study of Quebec prisons, ombudsman Daniel Jacoby
finds dangerous overcrowding, rampant drug use and a tension-ridden
system that must be fixed immediately. | ||||||||||||||||||
[snip] | ||||||||||||||||||
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(16) COLOMBIA'S INTERNAL SECURITY (Top) | ||||||||||||||||||
For more than 40 years, the Colombian government has been in conflict with left-wing guerrilla forces. While some of these groups have withered away. FARC, Colombia's largest rebel group, has become stronger and presents a serious threat to the government. | ||||||||||||||||||
The FARC's success has been attributed mainly to links with Colombian
drug cartels and the money it receives from protecting cartel
operations. | ||||||||||||||||||
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(17) DRUG TRAFFICKING THROUGH CUBA ON THE RISE, INVESTIGATORS SAY (Top) | ||||||||||||||||||
HAVANA -- Cuba, once considered off-limits to drug trafficking, is confronting a noticeable narcotics problem amid signs that the island has become a conduit for multi-ton shipments of cocaine. | ||||||||||||||||||
Police in Colombia seized a 7.2-ton load of cocaine packed in shipping
containers and bound for Cuba. | ||||||||||||||||||
[snip] | ||||||||||||||||||
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HOT OFF THE 'NET (Top) | ||||||||||||||||||
(18) Drug Crazy Reviewed in LA Times | ||||||||||||||||||
One of the most perceptive reviews of Mike Gray's "Drug Crazy" to date
was written by Robert Sabbag and appeared in the LA Times on January
24th. It compares Gray's book with others on the subject, including
Michael Massing's "the Fix." | ||||||||||||||||||
The URL is : http://www.mapinc.org/drugnews/v99.n103.a02.html | ||||||||||||||||||
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QUOTE OF THE WEEK (Top) | ||||||||||||||||||
(19) Jay Leno - From a story in the Washington Post: | ||||||||||||||||||
"We've reached the point where Congress does not affect anyone's life,
so we look it as entertainment. They can't fix health care, they can't
fix Social Security, so we look at them to provide a few laughs on a
daily basis." | ||||||||||||||||||
--- Jay Leno | ||||||||||||||||||
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SPECIAL NOTICE (Top) | ||||||||||||||||||
(20) Thanks to DrugNews Screeners - Don Beck and Kevin Fansler | ||||||||||||||||||
As the scope and coverage of Drug News has expanded, screening the
weekly submissions to DrugNews (which form the basis for the News &
Comments section of the newsletter) became too much for one person. We
asked for volunteers and have received critical emergency help from Don
Beck and Kevin Fansler under the capable guidance of Editor Richard
Lake. | ||||||||||||||||||
Volunteer screening of new items will be an essential feature of the
newsletter from now on. Additional volunteers are needed to provide
coverage for vacations and unexpected emergencies. It is also expected
that screeners will, if desired, have an opportunity to take over some
writing and commenting chores as the Newsletter grows. If you're
interested, please contact Richard, | ||||||||||||||||||
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