Chronicling the high cost of our legal system
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Counting the weight of water in reaching for maximum penalties: “The Minnesota Supreme Court, in a 4-3 decision, has now ruled that Bong Water (water which had been used in a water pipe) was a ‘mixture’ of ‘25 grams or more’ supporting a criminal conviction for Controlled Substance crime in the first degree.” [Minneapolis Criminal Lawyer via Greenfield] More: Sullum.
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Sally Harpold was cuffed and arrested for buying two packages of cold medicine within a week in violation of Indiana law, though no one contends she or anyone she knew intended to cook them down into methamphetamine [Terre Haute Tribune-Star] Harpold’s story has been racing around blogs well known to our readers: Radley Balko/Reason “Hit and Run”, Ken at Popehat, Amy Alkon (with bonus kind words for @walterolson), Legal Blog Watch, BoingBoing. The Vermillion County, Indiana prosecutor is offering no apologies.
P.S. A Popehat commenter finds new reason to doubt those reassurances on CPSIA enforcement along the lines of “don’t be silly, they’d never go after grandmothers over rummage sales or homemade crafts“.
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It’s taking a toll on liberty, per a Janice Rogers Brown dissent [Volokh; Novelty, Inc., v. DEA (PDF)]
“Joints and baggies sold at California’s medical marijuana dispensaries will soon carry a new warning label” now that a state panel has added reefers to the long list of officially recognized carcinogens that must be warned about under Prop 65. [San Jose Mercury News via CalBizLit]
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59-year-old Melinda Herrick, an art teacher who had been a Teacher of the Year honoree in the Houston schools, was charged with violating the “drug-free zone” law after cops found two Xanax pills in her car; the drug is often prescribed for panic disorder. Herrick protested that the car had been in the shop for repairs for more than a month before the incident; her daughter also drove the car. Students rallied on her behalf and the charges were finally dropped after she underwent a drug test which indicated that she did not use drugs. [Houston Chronicle via Obscure Store]
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The Philadelphia officers’ excuse for their raid on Jose Duran’s bodega was the same as their excuse for other bodega raids: he was selling grocery zip-lock bags, and Pennsylvania law makes it unlawful to sell containers that a seller reasonably knew or should have known will be used to store drugs. The cops methodically snipped the wires to seven or eight security cameras around the store, and Duran said nearly $10,000 in cash, cigarettes, batteries and other goods then mysteriously vanished from the store. [Philadelphia Daily News and more via Metafilter; earlier] More: Radley Balko.
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Last month we noted the controversy about a video purportedly showing police misconduct caught on hidden tape, namely the raiding of a fake “drug house” in Odessa, Texas without probable cause. Orin Kerr @ Volokh writes that it’s looking increasingly likely that there’s less (or more) to the story than meets the eye, and that many bloggers’ initial assumption of police misconduct was too hasty.
Con artists, lawyers, and people who deserve a punch in the face:
Walter Olson will be back soon enough, but I’ll note that I have come to appreciate just how good a blogger he is, and how hard Walter works in keeping this site going over the past few days. Perhaps you might show him your appreciation? Vote early, and vote often.
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Found here and there on the web, some matters on topic, some not:
This will have to be a short microblog, due to impending depositions, but it’s better than no microblog at all.
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Police wouldn’t manufacture fictitious probable cause to obtain warrants for a drug raid, would they? Don’t be so sure:
KopBusters rented a house in Odessa, Texas and began growing two small Christmas trees under a grow light similar to those used for growing marijuana [grow lights are themselves lawful -- ed.]. When faced with a suspected marijuana grow, the police usually use illegal FLIR cameras and/or lie on the search warrant affidavit claiming they have probable cause to raid the house. Instead of conducting a proper investigation which usually leads to no probable cause, the Kops lie on the affidavit claiming a confidential informant saw the plants and/or the police could smell marijuana coming from the suspected house.
The trap was set and less than 24 hours later, the Odessa narcotics unit raided the house only to find KopBuster’s attorney waiting under a system of complex gadgetry and spy cameras that streamed online to the KopBuster’s secret mobile office nearby.
(WindyPundit, Dec. 6; Balko, “Hit and Run”, Dec. 6; J.D. Tuccille, Dec. 7). A cautionary view: Greenfield. And Orin Kerr @ Volokh has likewise warns that we don’t know yet all of the circumstances about the engineering of the sting, raid and video; read the comments as well.
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Controversy continues in Britain on a story we’ve covered before: “Three drug addicted prisoners have won more than £11,000 in compensation after a court ruled that forcing them to go cold turkey was a breach of their human rights.” (Murray Wardrop, Daily Telegraph, Dec. 3). Earlier here and here.
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The spirit of liberty seems to have been numbed in Scotland: “Pub-goers in Aberdeen are facing a drugs test before entering bars as part of a crackdown by Grampian Police. … The test is voluntary, but customers will be refused entry if they do not take part.” The tests will be conducted using a new technology that takes swabs of hands and analyzes them instantly for drug residues, which will be grounds for search or arrest. (BBC, Oct. 31, via Massie (”ghastly”)).
More: Per commenter Mike Blackburn, “As I understand it, the campaign was run by clubowners who wanted to find a way of keeping drugs out of their clubs. The police were only really involved as administrators.”
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The cold and allergy remedy may be sold over the counter, but that doesn’t mean buyers like Gary Schinagel, a 47-year-old Iowa investment executive who has suffered from nasal congestion since childhood, can stay out of serious legal trouble should they purchase it in other than the government-approved manner. (John Skipper, “Man says stuffy nose did him in”, Mason City (Ia.) Globe Gazette, Sept. 22; Jacob Sullum, Reason “Hit and Run”, Oct. 3; Colleen O’Shaughnessy, “Mason City Man Tries To Clear His Name”, KIMT, undated).
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Ways (successful ways!) of wheedling oneself out of a contempt of court rap (Feral Child, Sept. 25; Tim Blair, Daily Telegraph (Australia), Sept. 25; Prothonotary of the Supreme Court of New South Wales v Hall, Australia, 2008).
As a condition of granting pain-management services, Family Care Health Center in Putnam County, West Virginia required patient Ronald Sprouse to sign an agreement stipulating that he would cooperate with unannounced urine and bodily fluid testing and that the presence of “unauthorized substances (legal or illegal) will result in discharge from the practice.” Kicked out of the program after testing positive for cannabinoids, Sprouse admits using them but is suing the health center and doctor anyway: “When he does not smoke marijuana, Sprouse claims he becomes violent toward his family and does not leave his house in fear of how he will react toward others in society.” He is representing himself. It’s too bad for his case that he doesn’t live in California, where lawmakers seem to be headed toward making medical marijuana smokers a legally protected class. (Kelly Holleran, “Pot smoker sues for getting dismissed from pain management center”, W.V. Record, Sept. 8)(& KevinMD, ER blog Crass-Pollination).
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Point of Law Volokh