Pubdate: Fri, 21 Apr 2000
Source: Arizona Republic (AZ)
Copyright: 2000 The Arizona Republic
Contact:  200 E. Van Buren St., Phoenix, AZ 85004
Website: http://www.azcentral.com/news/
Forum: http://www.azcentral.com/pni-bin/WebX?azc
Author: Richard Ruelas, POTHEADS AND ILLEGALS HOLD FOURTH

If you thought it was ludicrous when a federal court ruled that U.S. Border 
Patrol agents can no longer stop somebody because they look Mexican, wait 
until you get a load of this one:

On May 5, three known marijuana users will get really, really high in west 
Phoenix. They will then loudly boast their love for the drug in front of 
thousands of people.

But despite knowing this weeks ahead of time, federal drug agents are 
powerless to stop them.

The three known marijuana users are known collectively as the rap group 
Cypress Hill. They really like marijuana. It's a running theme through 
their songs.

"Like Louie Armstrong played the trumpet, I'll hit dat bong," goes a verse 
on the tune, Insane in the Brain.

They'll be at Desert Sky Pavilion for a concert on Cinco de Mayo, and it's 
a safe bet they will indulge before, after, and possibly, during their show.

But law enforcement won't bust them.

"Someone's self-admission is not going to meet the burden of probable cause 
to give us a search warrant," said Tom Raffanello, a spokesman for the Drug 
Enforcement Administration.

What that mouthful means is that the DEA can't search for drugs on people 
just because they talk about using them.

That might seem ludicrous. But that's the way it is.

It also might seem ludicrous that U.S. Border Patrol agents cannot consider 
race when determining whether or not to stop somebody and question their 
citizenship.

But that's also the way it is, thanks to the recent ruling by the 9th 
Circuit Court of Appeals.

The reason the Border Patrol can't stop people simply because they look 
Mexican is the same reason the DEA can't search professed potheads.

That reason is called the Fourth Amendment to the Constitution, which is 
designed to keep law enforcement from overstepping its bounds. Even if it 
means some lawbreakers go free.

The Fourth Amendment protects citizens from unreasonable searches and 
seizures. Courts have said that the word "seizure" doesn't just mean 
arrest, but applies to any time police stop somebody, no matter how briefly.

To stop somebody, an officer needs to have reasonable suspicion that person 
has committed or is about to commit a crime.

Hunches don't cut it. Even if that hunch is based on somebody wearing a 
marijuana leaf on his cap and bragging about how much he smokes it.

The same principle keeps officers from stopping people simply because 
they're pulling out of a bar's parking lot. An officer needs to see weaving 
or some other sign of impairment before ordering the driver to pull over.

Looking Mexican is not enough, on its own, to warrant a stop by the Border 
Patrol. Not anymore. Agents need to spot other suspicious signs before 
deciding to make a stop.

So, on this Cinco de Mayo, the following will likely happen:

Cypress Hill will light up huge joints on their bus.

People will get behind the wheel after stumbling out of crowded bars.

And Mexicans will be smuggled across the border, partially aided by the 
fact Border Patrol agents don't stop every car whose driver has a "Hispanic 
appearance."

It's probably not exactly the picture the framers of the Constitution had 
in mind. But it's what they intended.

Even if at times, it seems they must have been high.
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