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Monday, January 28, 2008
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When The War On Drugs Became a Real War

The police have invaded neighborhoods in Atlanta... literally:

Officials in Clayton County have intensified their efforts in the war on drugs. Sheriff Victor Hill announced he is planning an invasion into drug-infested communities.
...
Deputies have identified five known drug houses, that they want to investigate. Thursday night, deputies set up a road block, and checked each car coming into or out of the street in question for drugs.

The operation has been dubbed Operation Jericho. Mobile police checkpoints have been set up outside suspected drug houses in the neighborhood. Clayton County Sheriff Victor Hill said the plan is to occupy suspected drug territories with deputies -- one house, one location at a time.
...
Hill said the conventional method of warrants and arrests are not working, and that military-like occupation of deputies is necessary.

Think about this.  The police have decided that they think it's simply too much trouble to get warrants to search these drug houses, and so they've decided to simply not bother any more.  They'll simply randomly search anyone who had the temerity to drive down a particular street with no justification.  You are simply no longer secure in your person or your papers.  Goodbye Constitution, it was nice knowing you.

Via Hit & Run.

# Posted at 3:20 PM by Nick  |  Comment Feed Link 3 Comments  |  No Trackbacks

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Tuesday, January 29, 2008 8:52:19 AM (Central Standard Time, UTC-06:00)
Where in the article does it say they will be warrantless searchs? Asking someone questions when they are on a public street is called a consensual encounter. The way I read it, this operation is similar to OWI check points which the Supreme Court has ruled as legal.

GPS
Tuesday, January 29, 2008 9:14:27 AM (Central Standard Time, UTC-06:00)
You are very misinformed GPS. First of all, the article specifically says "deputies set up a road block, and checked each car coming into or out of the street in question for drugs." That is not a casual conversation. That is a search for dugs. Says it right in the article.

Secondly, the OWI stops that have been ruled Constitutional are supposed to be very limited. They are considered searches by the court, not casual encounters as you describe them. However, because of the public safety benefit, the court decided that the benefit outweighed 4th Amendment violation. When an OWI stop does occur, the police are supposed to only check for intoxication, and nothing else. Although many other states use this as an excuse to also check for people driving with an invalid license, or out of date tags. However, the legality of that is actually in question. Different courts have ruled differently in that regard.

Either way... I believe that OWI checkpoints are also unconstitutional, and should be abolished. Many studies have also shown that states which use OWI checkpoints have actually seen an increase in the number of drunk driving fatalities as well.

The police don't have legal authority to simply take anyone off the street and frisk them for anything simply because they feel like it. That's not the country we live in.
Tuesday, January 29, 2008 3:52:09 PM (Central Standard Time, UTC-06:00)
Nick, I dont know what the phrase "...and checked each car" means. But I think its kind of a leap to infer a search is being conducted. I dont know how things are done in Georgia but were I work keeping your job by following the rules of Fourth Amendment is kind of important.
GPS
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