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America, land of the piss test and the no-knock; the militarized southern border; a Drug Enforcement Agency that is not only twice the size of the Estonian army, but which probably outguns it, too; where moderately bright dogs are treated as constitutional scholars on Fourth Amendment issues, eager to please their handlers by giving them an excuse to tear your car apart on the roadside; where state and local police agencies are the recipient of DoD hand-me-downs as though they were banana republics, although with less oversight as to how the gear will be used.

And you bring this stuff up and it gets hand-waved away with “you just want to smoke pot.”  — Tam. Our most disastrous war…

Quote of the Day

America, land of the piss test and the no-knock; the militarized southern border; a Drug Enforcement Agency that is not only twice the size of the Estonian army, but which probably outguns it, too; where moderately bright dogs are treated as constitutional scholars on Fourth Amendment issues, eager to please their handlers by giving them an excuse to tear your car apart on the roadside; where state and local police agencies are the recipient of DoD hand-me-downs as though they were banana republics, although with less oversight as to how the gear will be used.

And you bring this stuff up and it gets hand-waved away with “you just want to smoke pot.”  — Tam. Our most disastrous war…

Bring Them Home

I didn’t realize it until just now, but American law enforcement that is working with the Mexican government in the “War on Drugs” must disarm upon entering Mexico.  In a country where shooting police officers is second only to bribing police as a national pastime, our officers of the DEA, CIA, FBI, and other agencies must trust Mexican law enforcement to protect their lives.  Even after one ICE officer was murdered and two CIA officers were ambushed, the Obama adminstration pretty much shrugs its shoulders and refers questions about this policy to the Mexican embassy.

Now, it’s no secret that I think the “War on Drugs”, even if done for the best of reasons, is an abject failure.  Illicit drug use is higher now than it ever has been.  Drugs are easier to get and less expensive than at any time in history.  Mexico in general, and northern Mexico in particular, is a war zone created by our government’s inability to allow adults to do what they want with their own bodies.  Entire sections of our country aren’t much better.  Drug prohibition has caused much more harm than drugs themselves ever could.

That being said, if we are going to send our people out to prosecute this war, for good or ill, they need to be able to protect themselves.  Telling them to abide by the law of the host country and to depend on the undependable local law enforcement for force protection is moronic.  How many DEA agents need to come home in a coffin before the administration comes to that realization?

Now, Mexico is a sovereign nation, and that fact demands that we respect their laws and customs.  If Mexico insists that our law enforcement personnel be unarmed when they are in the country to train and assist their police and armed forces, so be it.  To me, that means that our people do not go to Mexico at all.  If we must insist on giving this aid to our neighbor, then they can come to us.  We have many places in our country where Mexican police and military can get the training they need.  If they don’t want to come, so much the better.  That means less work and money spent on the part of law enforcement.

Mexico needs to choose:  either allow our personnel the ability to protect themselves in a dangerous country, let their personnel come to our country for whatever it is we are providing them, or get on with their own fight against drugs and trafficking without us.

An Idea and Request for Comment

The subject of police militarization has come up with increasing frequency over the past few years, and the troubling trend of police officers who act more like an occupying army than law enforcement continues.

Radley Balko has devoted a large part of his career to pointing out how the use of federal dollars to beef up paramilitary police units nationwide has led to a long list of deaths, innocent people under arrest, and worse.  His essay “Overkill” is an excellent synopsis of the current state of the use of SWAT teams in ways that seem to run counter to the idea of police being a part of the solution.

In the latest installment of his podcast, Common Sense, Dan Carlin does an excellent job of laying out the problem, how we got to where we are, and its roots in the war on drugs.  I suggest you give it a listen.

Blackfive brings up the subject of Marine units that are expressly trained and organized to supplement and train civilian police.  This troubles me because, as he points out, all it would take is the stroke of a pen to put them on the streets of America in a way that doesn’t violate Posse Comitatus.

Heck, even podcasts of just a bunch of friends getting together to shoot the breeze for a few hours have discussed the subject.

One thing that hasn’t been brought up in all these discussions recently occurred to me.  All of these discussions talk about SWAT raids to arrest drug suspects or deliver no-knock warrants to look for evidence, but no-one talks about the judges who take part in the process that makes them possible.  Would it make sense to make efforts to convince the judges that authorize no-knock search warrants that their use is detrimental to our society and system of justice?  There have to be professional organizations for those who sit on the bench.  Could outreach to these organizations be a good step in finding a way to cut down on the overuse of paramilitary tactics and equipment to go after non-violent offenders?  A lot of the judges in this country are elected, and advertisements during an election cycle that bring to light the judges’ involvement in the death of citizens when police use overly aggressive tactics or make mistakes that lead to tragedy might get them to re-evaluate their cooperation when the police come asking for a no-knock warrant.

What do y’all think?

So What?

A man in Wisconsin was arrested recently when police searched his motor home and and found $815,000 in cash.  The police claim that the money smelled of marijuana, but a subsequent search of the man’s home turned up nothing.  It just so happens that the man was convicted in the 1970’s for the bombing of an Army research center at the University of Wisconsin, but in this case, I don’t think that matters.

What matters to me is that a citizen was stopped by police and arrested after they found ‘too much money’ on him.  I’ve looked, and there’s nothing on a dollar bill that says “This note is legal tender for all debts, public and private, so long as they are under $10,000.00 and a drug dog doesn’t mistake this note for a MilkBone”.

The fact that the money ‘smelled of cannabis’ is immaterial to me.  The dollars in my wallet smell of motor oil at the moment.  Does that mean that the police can impound my cash because the EPA needs to investigate to see if I’ve been illegally dumping used oil in the sewers?  I can see nothing here that indicates he’s committed a crime, so why is his property being taken from him?

The only law I could find that mentions having more than a certain amount of money is Section 5332 of the 31st United States Code, and that deals with transport into and out of the United States, not within our borders.  In 2006, the 8th Circuit Court of Appeals held that a drug dog alerting on a car used to transport large amounts of cash is enough cause to impound the money without any evidence of a crime on the part of the person who owns it.  That sound you heard when you read that was my eardrums blowing out with steam when I read it.  And it’s not an isolated incident.  Radley Balko has done multiple posts about police in Tennessee trolling the interstates for people to stop and search for cash.

I’m not naive, I know it’s not something you see much anymore, and I know it’s something that criminals do, especially in those amounts and packaged in that manner.  But modify the story to say “Police stopped Mr. DaddyBear and found two rifles, 2000 rounds of pistol, shotgun, and high-caliber rifle ammunition, four pistols, and three shotguns in his vehicle.  The ammunition was sealed in a series of metal cans, and police also found several hundred spent shell casings in plastic bags.  Several of the firearms smelled strongly of spent gunpowder, leading police to believe that Mr. DaddyBear was transporting weapons related to violent crimes.  A police dog alerted to the smell of explosives residue on several items in the car.  No evidence of a crime was found on Mr. DaddyBear or in his automobile, but police seized the firearms, ammunition, and automobile”  Now, was I coming back from a murder scene, or was I coming home from a really good blogshoot?  Should my property be taken from me, with little to no recourse in recovering it, because I’m doing something the police don’t care for, but not breaking any laws?

My point is this:  Failure to find evidence of a crime means the cash is clean as far as I am concerned.  Yes, it looks suspicious, and the police should note that and maybe keep an eye out for this individual to be involved in the drug trade.  But how are they going to tell if he is smuggling cash from crimes, going to buy a new house with cash, or is just a guy who lives frugally and doesn’t trust banks?  The government needs to stop taking our property and get out of our private business.

Question

Got into a heated discussion about medical marijuana with someone today.  Their stance was that most people who get access to medical marijuana are just looking to get high, while my position was that he was probably right, but that there are many people who benefit from it.

We ended the discussion agreeing to disagree and each admitting that the other had a point.  Afterwards, I continued to think about the issue, and I had an idea.

The main objection I’ve seen to medical marijuana was what my friend said:  A lot of people abuse the possibly legitimate utilization of marijuana as medicine for a discreet set of medical conditions because they want to get high.  It’s a running joke among people I know in California that going to a doctor and claiming that sometimes life stresses you out is a one way ticket to a prescription for Northern California Bliss.  There also seems to be the feeling that these systems of legalized use of marijuana are the camel’s nose under the tent flap towards normalization and legalization of other drugs such as cocaine and heroine.  If you can use weed to get rid of migraines, can’t you use Bolivian marching powder to lose weight or smack to get through those really tough periods in life?

My take on it is that a method of using cannabis to alleviate the suffering of truly sick people needs to be found.  Cancer patients, AIDS sufferers, and others can benefit from THC.  But I do agree that many people utilize medical marijuana dispensaries as their connection to a good buzz and nothing more.

So to those of you who don’t agree with the idea of medical marijuana, would you be OK with pharmacies dispensing THC in some pharmaceutical form such as pills, lozenges, or skin patches?  These are already used to dispense opiates to patients for pain control, so why not have them available, with a prescription, for those who currently utilize marijuana for medical conditions.  Heck, we gave prescription caffeine and nicotine to Little Bear when he was an infant to keep his heartrate up.  Ah, the joys of raising an extremely premature child.  People who would scream if we were to give an infant a dip of chewing tobacco and a Mountain Dew didn’t bat an eye as we mixed the evil stuff into his morning formula.

My point is that if cannabis has therapeutic uses, then we should exploit them.  If the current model of a dispensary selling weed, cookies, and lollipops is distasteful to most people, who not let pharmaceutical companies separate out the active ingredients, find a way to deliver it to patients that is as effective as smoking or eating it, and deliver it through existing pharmacy channels?

I’m not going to debate the legalization of marijuana from a libertarian standpoint.  I object to the government telling me I can’t do something to my own body so long as I don’t harm others while doing it, even if it’s something I wouldn’t do even if it was legal. I’m looking at the middle ground where a drug like THC could be legally used by those who could be helped by it in a way that doesn’t make people have visions of Haight-Ashbury.

Please let me know what y’all think in comments.

This Day In History

On December 11, 2006, the Mexican Drug War began when Mexican President Felipe Calderon sent in federal troops to quell drug violence.

Since then over 45,000 people, including police, civilians, and drug gang members, have been killed*.  Our own government has admitted that it has allowed guns and money to flow across our southern border, ostensibly in order to find, fix, and finish drug cartels.  Violence in Mexico has bled across the border into our southwestern states, including the death of our own citizens on multiple occasions.

And why is this all necessary?

From where I sit, all of this is happening because our government can’t stand to let adults destroy their own lives.  This is prohibition on steroids, PCP, and Viagra with all of the smuggling, murder, corruption, and human suffering that goes along with it.  In order to save us from our own bad choices, the United States government is willing to criminalize the voluntary use of intoxicants by adults.

I am still very negative on the recreational use of drugs, and if they were legalized tomorrow, I would  not use them myself and would stomp a mudhole in anyone who tried to give them to my children.  I’m not going to play the old canard that heroin, cocaine, and methamphetamine are no deadlier than alcohol or nicotine.  They’re not, and anyone who tells you different is being less than truthful.  I’m also not convinced that using cannabis is as safe as smoking tobacco or having a drink.  But I’ve come to believe that the potential social ills that legal use of these drugs could bring would pale in comparison to the social ills that prohibition has brought to us in the past 40 years.

Yes, there will be addicts who get high and hurt others.  There will be those who neglect their children because they’re too baked to care.  There will be overdoses and diseases that will have to be treated.  But we already have those things, and we will have them no matter how much blood, sweat, and treasure we pour into programs to keep them from getting their personal drug of choice.  We are also dealing with a shooting war on our southern border, a huge government bureaucracy that arbitrarily decides what is a legal intoxicant, what is medicine, and what is forbidden for any use whatsoever, and other government agencies that justify further and further encroachments into our rights in the name of keeping us sober.

If nothing changes, either by drastically reducing the demand for the drugs smuggled into our country through Mexico or by taking away the profit motive of the cartels by legalizing their product, then in five years we will be marking the 10 year mark of a civil war in Mexico, with probably over 100,000 people dead, and violence splashing well into our own territory.  Prohibition didn’t work in the 1920’s, and it’s been a disaster this time.  I just hope we wake up to that fact before we do ever more serious damage to our republic because we can’t stand to let adults make mistakes.

*I’m not going to shed too many tears over the death of criminals, but I do know that when soldiers and gang members shoot at each other or gang members start murdering each other, a lot of people who just want to live their life end up dead along with the gang bangers.

Stump Speech

Ladies and Gentlemen, thank you for having me here today.

I’m here to talk about something that many of you might find disagreeable to talk about in polite company: misconduct on the part of law enforcement.  But before anyone accuses me and Candidate X of being anti-cop, let me start with a bit of a disclaimer:  It is our heartfelt belief that the vast majority of law enforcement people, be they local, state, or federal, are good people who have followed a calling to try to keep the lid on the parts of our society that refuse to follow our agreed-upon rules.  This post should in no way lead you to believe that either Candidate X or I hold LEO’s in general in anything but respect.

However, there are a few bad apples in every basket, and the 1% that breaks the laws or abuses its authority colors our perception of the other 99%.  The answer to this problem, like almost every other government problem, is to shed light on them so that the world can see them. 

So here we go:

  • A woman in New York asserts that an NYPD officer, who is also under suspicion for allegedly planting drugs on otherwise innocent people in order to meet an arrest quota, forced her to use drugs and then sexually assaulted her.  
  • Five NYPD officers have been arrested, along with seven others, for taking part in a scheme to smuggle guns, cigarettes, and slot machines. 
  • A female blogger had a bit of a surprise when she opened her suitcase after a flight to Ireland to find a TSA notice in her baggage that said “Get your freak on girl!”.  Apparently the young lady had packed her sex toy, and is now asking the TSA to investigate the incident.  The TSA says there’s no evidence their officers wrote the note.

So what do we have here?  We have a police officer abusing his position of power, breaking the law, and assaulting a female.  Then, we have police officers taking part in an organized scheme to break firearms, tobacco, and gambling laws.  We also have unprofessional conduct by members of a government organization that has had issues with theft, bribery, and disregard for the civil rights of citizens. 

The first one I lay squarely at the feet of those who continue to defend the need for a War on (some) Drugs.  Yeah, if the young ladies accusations are true, the guy’s a jerk with or without the drugs.  But it’s the fact that the drugs are illegal that gave the guy the power in this specific case.  Take away the illegality of the drugs, and you take away the intoxicant used to force the young lady into sex.  You also remove the incentive to frame innocent people for having drugs.  No illegal drugs means no need to have a quota for drug arrests.

Next, we have an interstate conspiracy to smuggle guns, cigarettes, and gambling equipment.  The cigarettes, while legal by themselves, are probably smuggled because of lower prices and taxes in other states.  The gambling equipment and guns are illegal because of federal and state laws that try to control how we lead our lives, and no more.  Why is taking a slot machine into New York an offense?  Because someone in the state or federal legislature didn’t care for gambling, so they made it illegal.  Same with guns, both at the federal and state levels.  I have news for those who think that the state should control who has guns, which guns they should have, and how they should acquire and use them:  You can buy just about any gun you want in most parts of the country, and the streets don’t run red with blood.  Most places don’t even require you to have a license to do it.  And most shockingly of all, you can carry that gun either openly or concealed, and children don’t spontaneously combust because of your actions. 

Finally, we have adults acting like children, but it is a symptom of something that should chill the blood of every American.  As I see it, the TSA is rotten to the core.  It’s continued, and now expanding, role as gropers, hinderers, and bullies is an affront to the rule of law and civil rights.  Its short history is fraught with stories of people being humiliated, intimidated, and violated.  And now the agency is expanding to doing its work on our highways.  Is the supposed security the TSA is providing us worth the continued erosion of our right to freely move about the country while conducting legal business?

My point on the first and second cases is this:  stop making silly things illegal, and people will stop doing silly things to get around your silly law.  Stop criminalizing the use of narcotics, and punish bad behavior that comes from their use.  Stop legislating morality by outlawing gambling or guns, and people will stop smuggling them into your state.  Stop charging an exorbitant amount of tax on cigarettes, and control smoking through other means, like telling people that Medicaid and Medicare won’t pay to treat people who smoke, and people will stop smuggling cigarettes.  Taking that stand would probably save millions in healthcare costs on its own.

For the TSA case, it’s another example of why the TSA needs to be either drastically reformed and limited, or abolished altogether.  I have never seen anything that definitively shows that the TSA has made us any safer, but I can probably find hundreds of stories about how they have taken away a lot of our liberty.

To sum up, we need to find a way to punish those who abuse their rights without taking the rights of others away.

While there may be bad cops, just as there are bad accountants, bad IT guys, and bad truck drivers, our laws aren’t helping.  We make more things illegal all the time, and usually not because there is an actual harm done to society by the thing, but because we don’t personally care for it or we are scared of it.  In order to make it less likely that our law enforcement will act badly, take away the incentive to abuse their power and break the law.

Candidate X and I will make it the theme of our administration to take the government out of as many aspects of your lives as we can.  We will start by working to repeal laws that on their face violate civil rights because someone felt icky about the concept of a free people doing as they wish.  We will reduce the profit incentive to break the law by making fewer things illegal.  Our citizens will have more of their freedom restored, and we will hold those who abuse their rights and authority to harm others responsible for their actions without punishing the public at large.

Thank you for your time.  Please remember, this is your country.  Only you will be held responsible for its condition when you pass it on to the next owner.

As if heroin wasn’t bad enough

Officials in Seattle are reporting a small outbreak of botulism caused by contaminated black tar heroin:

In late August, a King County woman with a history of “black tar” heroin injection arrived at a hospital with slurred speech, double vision and drooping eyelids….

If the symptoms are slurred speech, double vision, and drooping eyelids, then it must be pretty hard to diagnose the disease among heroin addicts.  That’s pretty much a description of how they are most days.

Things like this just make me shake my head. First and foremost, because someone would do that to themselves and take the risks of hepatitis, HIV, and a myriad other diseases above and beyond the corrosive effects of the heroin itself.  Oh, and don’t forget the risk of a quick and ugly death when Skeeter cut your fix a bit too fine.  Another reason I shake my head is that the continued forcing of narcotics into the shadows by prohibition almost invites things like this.  If Big Pharma was making consumer grade narcotics and selling them through liquor stores or pharmacies, I’m pretty sure that things like this would be exceedingly rare due to quality control measures and the threat of a lawsuit.

I hope this is as rare as the article leads me to believe. I also hope that someday we become rational about the use and manufacture of intoxicants, but I’m not holding my breath.

Perpetuating Prohibition

The Obama administration is attacking a report that calls for changes in how the global trade in illicit drugs is handled. Their contention is that following the recommendations of the study, including some legalization of drugs, would make the drug problem in the United States worse.

While I have mixed feelings about drug use (I’ve never tried them, nor do I want my kids using them, but I don’t want the government to tell me or any other adult what they can or can’t put in their bodies), I’m willing to admit that our current approach isn’t working.  Before President Obama and Drug Czar Kerlikowske dismiss suggestions to change our approach, they should answer the following questions:

Since President Nixon declared the War on Drugs in 1971:

  1. Has the number of people in the United States who regularly use illegal drugs gone down, either as a percentage of the U.S. population or in total numbers?
  2. Have illegal drugs become harder or easier to get in the United States?
  3. How many American lives have been saved by the current policy of prohibition?
  4. How many excess deaths have occurred in the United States that can be tied to drugs or drug related crime, controlling for criminals who would have been killed anyway as a consequence of other crimes?
  5. What else could have been done with the billions of dollars spent on incarceration and interdiction that would have had a positive impact on drug addicts, to include education, prevention, and treatment?
  6. How many American citizens have been incarcerated as part of drug prohibition who broke no other laws?
  7. How many countries in Latin America, Africa, and Asia have had what passes for a functioning government destroyed by the corruption of drug money?  
  8. How much time, blood, sweat, and treasure have we spent trying to stop Americans from using drugs, and what value have we gotten for those expenditures?

I’m not saying that anyone, of any age, should be able to get whatever they want at the local package store, but the current approach is not working.  All we have done is make drug use something that is done in the shadows.  Even casual users of drugs take their lives in their own hands since they don’t know what their intoxicant of choice has been mixed with.  The amount of money that narcotics brings to traffickers has given them power to rival a nation state. 

Add to that the corrosive effect that drug enforcement has had on the relationship between police and the American population.  Were stories of people being shot in their own homes during raids, which even the police admit would not have led to arrests, common prior to 1971?  Did police regularly troll the interstate highway system looking for motorists who were carrying too much cash and impounding it?

Our failed policies on drugs need to change.  We need to admit that prohibition is not working, and allow adults to legally purchase and use whatever intoxicant they want and let them live with the consequences.  The safety of these intoxicants will go up as their production moves from Skeeter’s garage to an inspected and regulated factory and their sale moves from a corner in a bad neighborhood to the local pharmacy or liquor store.  Our police will be able to concentrate on something other than drugs for the first time in a generation. Once the profits from narcotics trafficking dry up, the drug cartels will also dry up.  Money that would have been spent on interdiction, prosecution, and incarceration can be spent on education, prevention, and treatment, or not spent at all.

Yes, there will still be people who ruin their lives and the lives of others with drugs.  But the same happens with alcohol, gambling,  and other non-wholesome parts of our society.  Prohibition of alcohol was an unmitigated failure, and so is prohibition of drugs.