Pubdate: Wed, 07 Mar 2001 Source: Lima News (OH) Copyright: 2001 Freedom Newspapers Inc. Contact: PO Box 690, Lima, Ohio 45802-0690 Website: http://www.limanews.com PITTING DRUGS AGAINST RIGHTS Last month the U.S. Supreme Court handed down a ruling that said it's OK for police to keep you out of your home if they reasonably believe you would destroy evidence of criminal wrongdoing that might be inside. You might ask, isn't a man's home his castle? Well, since the vote was 8-1, with Justice John Paul Stevens dissenting, the foremost constitutional lawyers in the country said that the case boiled down to a "probable cause" issue. In this case an Illinois woman asked for a police escort to keep the peace while she was removing her possessions from the home she shared with her husband. As she was taking her things to her car, she mentioned to one of the two officers accompanying her that her husband had a small amount of marijuana in the home. The officer spoke with the homeowner, Charles McArthur, on the porch of the home and related what the woman had said and asked for permission to come in and search. McArthur declined to allow the search without a warrant, at which point the officer told McArthur he would not be allowed back into the house without an escort while the other officer went for a search warrant. When the warrant arrived two hours later the police found less than 2.5 grams of marijuana under the couch and arrested McArthur on a charge of possession, a misdemeanor in Illinois. McArthur was able to suppress the evidence at his trial and an appeals court upheld the suppression. The state appealed to the U.S. Supreme Court, which sent the case back to the state, ordering it to allow the marijuana to be introduced as evidence. The justices disagreed with the Illinois courts for several reasons. They noted that because the police had enough probable cause to obtain a search warrant they most likely would have been within constitutional boundaries if they had searched the house without a warrant. The court also wrote that because the officers believed evidence would have been destroyed if McArthur had been allowed to return to the house, that belief constituted a "pressing or urgent law enforcement need." Stevens dissented on this point. He didn't believe that the circumstances - a misdemeanor marijuana possession charge - rose to the level of urgency needed to detain McArthur. For our money, that could be said for much of our nation's war on drugs. The government went to a lot of trouble and expense - testing our civil rights along the way - in prosecuting a man for a tiny amount of pot. It's one of the biggest problems with the government's second-guessing of what, for consenting adults, is arguably a personal choice. Certainly a drug dealer who kills to protect his turf deserves to be prosecuted to the fullest extent of the law. But what about those adults in Middle America who light up a joint after a tough day at the office? We tried banning alcohol once and got the same results; providers who broke the law became quite wealthy and demand skyrocketed. Increased crime is one of the unintended consequences of the war on drugs as some users turn to crime to support their costly habits; prohibition of anything pushes its price up. But drugs themselves aren't necessarily the cause. And prisons have filled with people who have run afoul of Draconian sentencing laws that are a result of government's get-tough-on-drugs stance. Granted, plenty of those might well be in prison in any event; those who have no intention of earning an honest buck and who simply have found another lucrative, illegal activity in drugs. But if that is their penchant, then let them serve their time for real crimes against other people. All of which brings us back to the inescapable conclusion that America needs to re-examine its treatment of what is really a social problem. - --- MAP posted-by: Richard Lake