Pubdate: Thu, 01 May 2003 Source: Shepherd Express (WI) Copyright: 2003 Alternative Publications Inc. Contact: http://www.shepherd-express.com/ Details: http://www.mapinc.org/media/414 Author: Jenn Danko PIPE DREAMS AND HEADHUNTERS Concerns Raised Over the Feds' Crackdown on Drug Paraphernalia Jay O'Mally just wanted to take home a few souvenirs from his Puerto Vallarta getaway last February. Lazy strolls along the sandy beaches led to a few finds, including a hammock chair, a good bottle of tequila and four custom-made pipes. But O'Mally was never able to add the unique pipes to his collection at home. Instead, U.S. Customs raised its eyebrows at the "suspicious" souvenirs he brought through Mitchell International Airport later that week. He says officials were quick to label the knickknacks as contraband and demanded that he "voluntarily abandon" them. Failure to comply would result in a lengthy, and costly, series of proceedings. O'Mally believes Customs officials were acting in accordance with two nationwide investigations code-named Operation Pipe Dreams and Operation Headhunter. Spearheaded by Attorney General John Ashcroft and supported by acting DEA Administrator John B. Brown III, both initiatives are aimed to curb the sale of drug paraphernalia nationwide. Ashcroft says he launched the initiative in response to the mass marketing of drug paraphernalia over the Internet, which allows teen-agers increased access to purchasing such items. Since their inception, "Pipe Dreams" and "Headhunter" have arrested more than 60 people for supplying pipes, bongs, roach clips, spoons and other possible drug-related items. Offenders face up to three years in prison and /or $250,000 in fines. "With the advent of the Internet, the illegal drug paraphernalia industry has exploded," Ashcroft says on instituting the campaigns. "The drug paraphernalia business is now accessible in anyone's home with a computer and Internet access. And in homes across America, we know that children and young adults are the fastest growing Internet users." But O'Mally, 42, says he had no intention of using the pipes for any sort of drug-related activities. "The way I look at it, they're pretty much doing away with the Constitution by taking away people's property without conducting a hearing," he says. After refusing to comply, O'Mally and his girlfriend were contained at the airport for several hours. They were not arrested, but Customs officials confiscated the pipes on site. They are set to be destroyed by officials, he says. Open-Ended Enforcement O'Mally isn't the only person who's crying foul at Operations Pipe Dreams and Headhunter. Former Congressman Tom Barrett says he is concerned that some citizens will be unfairly targeted for possessing items that could be considered as paraphernalia if the context is misinterpreted. "My concerns pertain primarily to ordinary, everyday items that could be classified as drug paraphernalia," Barrett says. Barrett's worry is that innocent people will be prosecuted for carrying ordinary items like lunch baggies that the government misconstrues as drug paraphernalia. O'Mally shares his concerns. He says the U.S. government's broad definition of such items allows Customs officials varying degrees of freedom when confiscating contraband. He also cites regulations against spoons and straws as being too open-ended for just enforcement. "There's all kinds of ways you can do things," O'Mally says on seizure stipulations. Not all paraphernalia is vaguely defined. U.S. statutes more clearly define items, like pipes, which include all "metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, hashish heads or punctured metal bowls." By law, O'Mally's pipes fall into this general category. "But they're not being used; they're trinkets," he says. O'Mally also questions if more valuable, antique items clearly not intended for use could also be confiscated. "What if I had bought a hand-carved pipe from 15th-century Germany?" he asks. Adds Barrett: "If (government officials) move forward, they must make sure that the definitions are very tight." Paying to Speak? Ashcroft and company's possible infringement on civil liberties has also raised concerns. O'Mally says he was forced to voluntarily abandon the pipes without a proper hearing But a letter sent by the U.S. Customs Service on Feb. 4 states that he had the right to petition for relief within 30 days. Once the deadline passed, Customs began its administrative forfeiture proceedings. They informed him he had the right to stop such proceedings by filing a claim for the merchandise, along with a $250 bond, with Customs and Border Protection. Only after that would the matter be referred to the U.S. attorney for further review. "The fact is, I can pay $250, which allows me to have a hearing," O'Mally says, but he declined the offer. He claims he felt that the initiatives were written to ensure that innocent citizens, like himself, didn't have a fair chance to win and therefore wouldn't waste their time and money. O'Mally maintains that it's an issue of protecting his personal freedoms. Operatives such as "Pipe Dreams" and "Headhunter" are crossing the boundaries of American freedoms. "They're (the government is) declaring something illegal that in itself is not illegal," O'Mally reasons. "I feel as if my government is allowed to rob me. There's no recourse." - --- MAP posted-by: Richard Lake