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Enforcing the drug laws they oppose

(Via The November Coalition listserv.)

The Manchester Union Leader recently ran a feature on LEAP. In particular, the article is on members of leap who are currently active police officers, like Bradley Jardis of Epping, New Hampshire. The article is called Opposing the drug laws they enforce:

When he’s working, Epping Police Officer Bradley Jardis is just like any other cop.

He’s patrolling the streets to catch people with drugs because that’s what he’s supposed to do.

But when he’s off the clock, this 28-year-old officer is speaking publicly about why he believes existing drug policies have failed and why it’s time for lawmakers to legalize drugs.

It’s an unusual position to take for a police officer charged with enforcing laws, but Jardis insists that prohibiting drugs leaves the dealers in control, creating a dangerous black market that breeds crime and gives kids easy access.

Jardis believes drugs should be regulated by the government just like alcohol. We treat alcoholism as a public health problem, but we treat drug addiction as a criminal problem, and that’s wrong, he said.

And he’s not the only officer who feels this way.

Jardis, of Hooksett, is among a growing number of current and former New Hampshire law enforcement officers and others in criminal justice who have joined a Massachusetts-based nonprofit organization called Law Enforcement Against Prohibition, or LEAP.

Rick Van Wickler, superintendent of the Cheshire County Department of Corrections, joined LEAP in late 2007, and Ron White, superintendent of the Merrimack County Department of Corrections, came aboard about a month ago.

LEAP’s membership in New Hampshire has now grown to 132, with as many as 20 new members joining in the past three months, according to Tom Angell, the group’s media relations director.

LEAP, which began in 2002 with five founding members, now has more than 11,000 members in 90 countries.

— Jason Schreiber, Manchester Union Leader (2009-02-21): Opposing the drug laws they enforce

The story is presented as a policy debate between cops in LEAP and other cops who support drug prohibition. As such, it’s fairly boring, and not especially insightful or well informed. (Did you know that if drugs are legal then people will completely disregard any medical advice or personal judgment about the harms of drug abuse? On the contrary, sir! Prohibition makes drugs more dangerous! And blah, blah, blah.) But what’s far more interesting to me is the theme that keeps recurring in the story without ever being remarked on. This is not just a story about a policy debate among cops; it’s also a story about individual conscience, and about the fact that the supposedly anti-Prohibition Law Enforcement types who the story profiles apparently have no problem continuing to lock harmless drug users in cages, and to rigidly enforce the laws that they themselves publicly admit to be foolish and destructive. The story is called Opposing the drug laws they enforce; but of course it could just as easily have been called Enforcing the drug laws they oppose:

When he’s working, Epping Police Officer Bradley Jardis is just like any other cop.

He’s patrolling the streets to catch people with drugs because that’s what he’s supposed to do.

But when he’s off the clock, this 28-year-old officer is speaking publicly about why he believes existing drug policies have failed and why it’s time for lawmakers to legalize drugs.

. . .

As they try to spread their message, Jardis, White and Van Wickler say they’re careful not to promote LEAP while they’re on the job. Jardis said he never lets his views prevent him from enforcing the current drug laws when he’s at work.

. . .

Too many young people also are being locked up and branded as criminals, in some cases caught for the first time with marijuana or another drug, Jardis said. A conviction for making a poor choice then follows that person forever, he said, jeopardizing student loans and other aspects of their lives.

But Epping Police Officer Bradley Jardis has no problem locking those young people up and branding them as criminals and ensuring that they will be followed and ruined forever by their nonviolent recreational drug use, when he’s on the clock. Orders, you know.

A lot of us in the movement against the Drug War have spent the past several years giving LEAP all kinds of special prestige — for much the same reason that a lot of us in the movement against the U.S. government’s foreign wars have given all kinds of special prestige to retired generals, and to groups like Iraq Veterans Against the War, and to just about anyone who, regardless of their own personal qualities as an activist or analyst, can flash some sort of notable personal or family connection to the military. The idea is that these people enjoy some kind of automatic credibility precisely because of their position within the system of state power. We are supposed to be especially thankful for these sorts of allies. But whatever personal convictions Bradley Jardis and his fellow LEAPers may hold, the fact remains that they have deliberately decided to subordinate those convictions to the admittedly stupid and destructive requirements of The Law while they are on the clock; while I’m glad that Bradley Jardis and his fellow LEAPers are intellectually opposed to the Drug War — it’s not like I’d rather they were for it — the fact is that I’d rather have some good honest corruption. Ideally, of course, what you would hope for is cops who might intellectually oppose the drug laws and also refuse to enforce them; but if I have to pick one, I much prefer cops who don’t vocally oppose drug laws but do fail to enforce them, rather than cops who talk up their opposition to drug laws while meticulously enforcing them anyway. The latter sort of cop may talk a good talk and give a good press conference; but then the former sort of cop isn’t locking innocent people in cages for years at a time.

I’m just sayin’.

See also:

The Metro Police Beat

  • A couple of months ago, just before New Years’, [a Las Vegas Metro SWAT team rolled out to Emmanuel Dozier and Belinda Saavedra’s house in Seven Hills, at 9:30 at night (about four or fve hours after dark, around here, during the winter) in order to serve a search warrant. The cops blasted open the gate with a shotgun. They claim they announced themselves but nobody other than the police says that they heard anything other than a lot of noise. Saavedra has a three month old baby and a 13 year old daughter who were in the front of the house when this hard-to-see gang of armed strangers opened fire late at night and started forcing their way in. Saavedra called 911 as soon as she heard the gunfire; the recording of the call is now available online. Dozier got a handgun that he keeps for self-defense and fired back at the gang of strangers, apparently wounding three cops. After a stand-off, once the 911 dispatcher convinced Dozier that the men outside were in fact cops, he dropped the phone, went outside, and surrendered himself with his hands up. Here’s how he looked when he got to the police station:

    This is his mug shot from the police; he has a huge bruise and a lot of swelling around his right eye.

    Then they searched the house. They found no cocaine anywhere. Dozier is being charged with attempted murder and possession of marijuana — even though an inventory of items seized doesn’t include the marijuana or paraphenalia the police claimed to have found with their search warrant. Apparently the search warrant was to gather evidence to bust Dozier on charges of being a low-level cocaine dealer. The cops claim an undercover had already made a few purchases from Dozier; allegedly they had a business relationship with him, but they couldn’t be bothered to meet up with him one more time in order to be able to make an arrest that didn’t involve storming his house late at night while children were present. They told the media that Dozier had no above-the-table job; actually, he had a regular job at the time as a sheet-metal worker. They have not made any claims that Belinda Saavedra committed any crimes whatsoever at any point, either related to the drugs or related to the shooting; but the did make sure to force her down and rough her up after she had surrendered (since she wouldn’t calm down or shut her mouth while they shot at her house, hollered at her, took away her baby and called her a dumbass for her trouble).

    Meanwhile, the D.A. has taken steps to take away her children and charged her with abuse and neglect — even though, remember, she is not accused of any independent crimes whatsoever. The explanation is that she is being charged with abuse and neglect because she doesn’t have a job outside the house. There’s no sign that being a stay-at-home mother (while her boyfriend holds down a job as a sheet metal worker and her mother works two jobs in order to help support her grandchildren) has caused either kid any hurt or want. But the prosecutor does inform us, in the complaint, that the 13 year old was traumatized when cops started a gunfight at her house. I wouldn’t be surprised, but whose fault is that?

    The cops refuse to answer any questions about the reasons for staging a late-night SWAT raid in this case or about the discrepancies between their public statements about the suspects and the documented facts that emerged later. Dana Gentry reports that Police refuse to answer but a Metro spokesman did tell me extreme measures are necessary to guard against some liberal judge throwing out the case. Metro are liars and child abusers who routinely use maximal force in situations where they could easily have gotten anything they needed to get by other means. They also spend tremendous amounts of time, and tremendous amounts of money that taxpayers are forced to turn over to them against our will, prosecuting people who — even if everything alleged against them is true — are doing nothing more than selling a valued product to a willing customer, and who never should have been threatened or hassled by the police in the first place.

  • Las Vegas Metro made a road stop at about 4 in the morning on February 6. They suspected that the driver was drunk. He got out of the car and ran away on foot. Cops sent a helicopter to look for him and concluded (based on heat in the yard) that he was hiding out in a backyard in a nearby neighborhood. He wasn’t — turns out he was hiding in a different part of the neighborhood — but the family’s dog, a pit-bull named Coco, was. This wouldn’t have been a problem, except that the cops decided that catching a DUI suspect was so incredibly urgent, and respecting other people’s private property being, after all, no concern at all to Las Vegas Metro’s important work, they would send a gang of seven cops, first to barge into the next-door neighbor’s yard without asking, and then, again without asking anyone’s permission, to jump the wall into the backyard where they thought the suspect would be. The family dog came out and confronted this gang of strangers barging into her territory; she didn’t actually attack anybody, but, after all, she was only surrounded by seven fully-grown, professionally-trained, and heavily-armed police officers; her continued existence clearly posed a threat, so they shot the dog dead. The cops took responsibility by issuing an Oops, our bad to the bereaved family — along with a self-serving claim that the cops just had to shoot the dog in self-defense. (No, they didn’t. Self-defense is no longer an excuse when you put yourself in danger by invading somebody else’s private property.) Then, public servants that they are, they left Jose Fernandez and Yurisel de la Torre by themselves to cover the $200+ bill for cremating their dead dog.

    Metro are home invaders and dog killers who routinely exercise contempt for private property, instigate violent confrontations in order to deal with trivial crimes, shoot first and ask questions later, and then excuse their use of maximal force as the necessary means to completely unnecessary ends.

  • While we’re here, I should also mention that the Nevada Crime Technology Advisory Board, representing Las Vegas Metro, the FBI, and several other law enforcement outfits from around Nevada, wants a new law passed that will allow police in Nevada to unilaterally seize the balances on prepaid debit cards without any kind of warrant — because, while they don’t have any evidence to present in any particular case, they reckon that somebody, somewhere using one of these things might turn out to be a bad guy selling drugs to willing customers — which is apparently enough of a reason to give these lying, child-abusing, dog-killing, home-invading, itchy-trigger-fingered irresponsible thugs a unilateral right to seize private citizens’ money, by arbitrary fiat, with no need for any kind of prior judicial review.

There’s a cliché around here, about how longtime locals compare the way things are now — for better or worse — with the way things used to be, back when the mob ran Vegas. The problem with this is that the mob never stopped running Vegas. The only thing that’s changed is the name of the families, and the color of the tailored suits.

Public schooling #2: Criminal texting

(Story thanks to a private correspondent.)

In Wauwatosa, Wisconsin (a suburb of Milwaukee), a 14 year old girl was detained by the police at her high school, interrogated, searched by a male police officer, arrested for disorderly conduct, then body-searched by a female police officer, in order to find a cell phone that it turns out she was hiding in her pants. The charge is that she was sending text messages in class after the teacher told her to stop, and then hid her phone from the teacher when the teacher tried to confiscate it.

Oh my God! Quick, call the cops, before somebody gets hurt!

As far as I know, there has not yet been any public mention of why the Dean Of Students And Head Football Coach thought it was appropriate to escalate the situation into a police interrogation or to launch this ridiculous investigation of a student’s inattentiveness in class. Here’s how Jeff Griffin, the school’s pig-in-residence, justified browbeating, busting and humiliating a 14 year old girl over a minor classroom management issue:

Back in Mr. Swittel’s office [REDACTED] was confronted with the fact that her teacher and two friends said she had a phone out in class. [REDACTED] continued to deny having a phone. She stated she does not own a phone and her dad’s phone is at home.

[REDACTED] was advised she was under arrest for disorderly conduct. She was told her disruption in class with the phone out, the refusal to obey the teacher, and her not telling us the truth is what got her arrested. [REDACTED] was asked again about the phone and she was also told she would be searched incident to the arrest.

— Jeffrey S. Griffin, Wauwatosa Police Department Incident Report Number 09-003386 (2009-02-11), courtesy of The Smoking Gun

Please note that in the view of School Resource Officer Jeffrey S. Griffin, disrupting class by silently sending text messages, or disobeying a teacher’s requests in the classroom and then lying about it to try and cover it up, is not a pedagogical matter; it’s a police matter, and in fact a criminal offense for which you can be forcibly detained, hauled off, arrested, and fined up to $5,000.

See also:

Phil Sano v. the State in Occupied Portland

For background, see GT 2008-06-13: Law and Orders #7:

Government cops are here to protect you by shouting orders at passing strangers on bicycles, For Their Own Good, and then, if the biker should fail to immediately obey arbitrary commands to stop, bellowed by complete strangers on the street at 9:30 pm, who don't make any effort to identify or explain themselves, and who are dressed all in black so that you can hardly even see who the hell is hollering at you, they'll make sure you're biking safely by tackling you, slamming you against a nearby wall, wrestling you to the ground, and then, when you say No and ask to know what you did wrong, declaring that you're combative and torturing you with repeated high-voltage electric shocks, before they finally, in a remarkable act of circular practical reasoning, arrest you for resisting arrest.

. . .

Thus, in the latest news from Occupied Cascadia, here's how Portland cops Erin Smith and Ron Hoesly made sure that Phil Sano, who was suspected of the terrible crime of biking without a headlight, would get home safely: [… by grabbing him off his bike, repeatedly tasering him even though he posed no physical threat, and then justifying it by saying that he had been biking without a headlight and disobeyed an order to stop …].

According to Jonathan Maus at BikePortland.org (2008-06-11), the Gangsters in Blue arrested Sano and laid five charges on him, one of which was a civil citation for not having the headlight, and all the rest of which were charges for crimes that consisted in nothing other than failing to let himself be arrested for something that he couldn't have been rightfully arrested for to begin with.

— GT 2008-06-13: Law and Orders #7

Today (Tuesday) and tomorrow (Wendesday) are Phil Sano’s days in court. Supporters in Occupied Portland are welcome to come out in solidarity:

From: revphil
Date: Tue, Feb 10, 2009 at 1:50 AM
Subject: the state v revphil

Hi there. Today and Tomorrow Im in court contesting the charge of Resisting Arrest. If you would like to go support me the trial will likely go from today though Wed afternoon. It might be easy to ignore this matter for a variety of reasons, however the the issue affects us all. Even if you never ride a bike you should be concerned with the power cops have over you. The resulting decision may set a precedent for what behavior is expected of police officers and how they interact with us, the public.

Here is a recent story about Revphil’s case:
http://bikeportland.org/2009/02/04/phil-sano-taser-incident-goes-to-trial-next-week/
http://bikeportland.org/2009/02/09/phil-sano-taser-trial-live-updates-from-day-one/
http://blogtown.portlandmercury.com/BlogtownPDX/archives/2009/02/09/rev_phil_sano_s_taser_trial_i
(I have a sweet pictures in this last one!)

For more specific info about the current way tazers are being used
http://www.portlandmercury.com/portland/less-lethal-weapons/Content?oid=951762
http://www.loadedorygun.net/showDiary.do?diaryId=1509

If you are planning on coming to court please be respectful, and remove any hats, tools or contraband before coming to the courthouse.

Tuesday Feb 10th and Wed Feb 11th
Multnomah County Courthouse
1021 SW 4th Ave, Portland, OR
Judge You ct 5XX (er on the 5th floor) take a left on top of the stairs.
8:30 am until 5pm

thanks for your support,

reverend phil

See also:

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