Chapter 10:Drug Laws and Law Enforcement

PSY 302: SUBSTANCE ABUSE

Crime Control vs. Due ProcessConceptual Models of JusticeCrime Control Model

Repression of criminal conduct is the most important function performed by the criminal justice process

Due Process ModelEmphasizes the need to protect individual freedom

CONSTITUTIONAL RESTRAINTS

Fourth AmendmentThe right of people to be secure against unreasonable searches and seizures

Exclusionary RuleEvidence obtained in violation of 4th Amendment is inadmissible in criminal trial

THE FOURTH AMENDMENT AND EXCLUSIONARY RULE

From a criminal procedure perspective, the Fourth and Fifth Amendments contain the most important language in existence within the US legal structure

Not all searches are prohibited, only those that are unreasonable

HISTORY/PURPOSE OF THE 4TH AMENDMENT

HISTORY/PURPOSE OF THE 4TH AMENDMENT

The twelve amendments submitted by the U.S. Congress in 1790 to safeguard the rights of individuals from the interferenceof the federal government

Ten of them were adopted in 1791 as the Bill of Rights

This document bears the signature of then Vice President John Adams

Source: Getty Images Inc. Hutton Archive Photos

In 1914, the US Supreme Court decided Weeks v. US, establishing the Exclusionary Rule and its applicability to the federal governmentLocal and federal law enforcement officers seized evidence from the home of the defendantThe Court excluded evidence seized by the federal officers, allowing it would defy prohibitions of the Constitution intended to protect people against such unauthorized actionsLocal police were still able to conduct searches and seizures according to the rules established by the individual states

EXCLUSIONARY RULEWEEKS V. US

In 1949, the Supreme Court ruled in Wolf v. Colorado, the first time the Court considered whether the Fourth Amendment should be imposed upon state proceedings Using the Fourteenth Amendment due process clauseThe Wolf Court reviewed the states’ acceptance of the Weeks doctrine and pointed out that at the time of the decision, thirty states rejected the concept The justices held that the Fourteenth Amendment does not forbid admission of evidence obtained in violationof the Fourth Amendment

EXCLUSIONARY RULEWOLF V. COLORADO

In 1961, Mapp v. Ohio, the Court expressly overruled WolfAcknowledging Wolf was founded on considerations that lacked validity in today’s societyThe Court found that in the years since its decision in Wolf, a number of states had accepted validity of the Exclusionary RuleExperience had demonstrated other options and remedies to prevent illegal searches were futile

EXCLUSIONARY RULEMAPP V. OHIO

.Dolly Mapp

To respond effectively to drug trafficking, law enforcement officials require information about the activities of suspected traffickersFourth Amendment places restraints on how the government can secure this informationIn order to intercept conversations by wiretapping telephones or using electronic devices officials must secure a court order that, like a search warrant, must be based on information that is sufficient to meet the legal standard of probable causeGreat temptation to violate the exclusionary rule

THE FOURTH AMENDMENT AND EXCLUSIONARY RULE

Three branches of government: legislative, judicial, executiveFour levels within each branch: federal, state, county, municipalJudicial SystemFederal (Military; FBI)State (state police; drug enforcement agents)County (responsible for prosecution; operating jails)Municipal (police department enforcing drug laws)

JURISDICTIONAL LIMITATIONS

On the federal level, a host of executive branch agencies (to be examined later), ranging from the military to the Federal Bureau of Investigation (FBI), are responsible for combating drug trafficking

The separate federal judicial system is responsible for trying drug cases, and the legislative branch is responsible for enacting drug legislation and allocating funds for federal drug law enforcement efforts

At the local level are about 20,000 police agenciesEach state has state-level drug law enforcement agents, a state

police or similar agency, and agencies that manage prisons and the parole system (if one exists)

County government is usually responsible for prosecuting defendants, and a county-level agency, usually the sheriff, is responsible for operating jails

The county may also have a police department with drug law enforcement responsibilities under, or independent of, the sheriff’s office, and almost every municipality has a police department whose officers enforce drug laws

JURISDICTIONAL LIMITATIONS

Additionally:U.S. efforts against drug trafficking are also limited by national boundaries: Cocaine and heroin originate where U.S. law enforcement has no jurisdiction

INTERNATIONAL EFFORTS

Jurisdictional limitations can sometimes overcome constitutional limitations4th Amendment/Exclusionary rule do not apply to foreign drug seizures, etc.

INTERNATIONAL EFFORTS

Reactive law enforcementEncourages citizens to report crimes; the agency will then respond to the reportsProactive law enforcementRequires officers or agents to seek out indications of criminal behavior

Each has susceptibility for corruption

CORRUPTION

Two basic categories:Good citizenExtremely rareCriminalVengeance efforts Confidential informant (“snitch”)Ethical issues involved

INFORMANTS

Drugs considered controlled substances under the CSA are divided into five schedulesSee page 268

STATUTES AND LEGAL REQUIREMENTS

Illegal Drug OperationsManufacture, import, distribute, possess; possess with intent to sell; failure to pay income taxes on illegal incomeCan be actual (on person or property) or constructive (not on person but in his or her control)

STATUTES AND LEGAL REQUIREMENTS

Agreement between individuals to commit a criminal actThree typesWheel ConspiraciesOne person (the “hub”) conspires individually with two or more people (the “spokes”) Chain ConspiraciesEach member is a “link” who understands that the success of the scheme depends upon everyone in the chainEnterprise ConspiraciesInvolves agreement to participate in an enterprise by engaging in a pattern of racketeering activity

CONSPIRACY

1927 - Self-incrimination defense not acceptedSeveral crime bosses were successfully convicted in part because of this lawFor example, Al Capone Net Worth Theory also used to nab tax evaders

TAX LAWS

Because persons in organized crime have obligations as taxpayers, they can be prosecuted for several acts:1.Failing to make required returns or maintain required business records2.Filing a false return or making a false statement about taxes3.Willful failure to pay federal income tax or concealment of assets with intent to defraud4.Helping others evade income taxes

TAX LAWS

Tracking the money of illegal drug activities often better than finding the underlying criminal activities1986 – Federal crime1986 – Government can file suit claiming ownership of these moniesCourt will freeze money until case is settledMoney laundering was made a separate federal offense punishable by a fine of $500,000 or twice the value of the property involved, whichever is greater, and twenty years imprisonment

MONEY LAUNDERING ACT

Drug Use Prevention Control Act of 1970At federal and state level, allows for the forfeiture of property that is used in criminal activity or secured as a result of the criminal activity over to authorities at the state and federal levelsParticularly useful in dealing with drug traffickersHowever, can cause problems for innocent individual as well

SEIZURE AND FORFEITURE

Levels of drug law enforcementSource ControlInterdictionDomestic distributionWholesalingStreet sales

LAW ENFORCEMENT AGENCIES

Mission is to enforce controlled substances laws and convict violatorsBasic approach: “Buy and bust” (also referred to as “controlled buy”)Primary responsibilities;

Investigate and prosecute major violators of controlled substance laws

Manage national drug intelligence program in cooperation with federal, state, local, and foreign officials

Obtain the seizure and forfeiture of assets derived from illicit drug trafficking

DRUG ENFORCEMENT ADMINISTRATION (DEA)

1982 – FBI was given concurrent jurisdiction with DEA for drug law enforcement and investigationToday, FBI director has the overall responsibility for supervising drug law enforcement efforts DEA is now required to report to the director of the FBI

FEDERAL BUREAU OF INVESTIGATION (FBI)

Customs and Border Protection (CBP) personnel regulate the movement of carriers, persons, and commodities between the United States and other nationsIt is the largest uniformed federal law enforcement agency. CBP has authority to search outbound and inbound shipmentsMore than 21,000 officers screen passengers and cargo; at 330 points of entry into United StatesCBP is not bound by Fourth Amendment

CUSTOMS AND BORDER PROTECTION (CBP)

Investigate and enforce over 400 federal statutes within the United StatesMaintains attachés at major U.S. embassies overseas. ICE has more than 20,000 employees assigned toOffices in all fifty states and forty-seven foreign countries; more than 7,000 are special agents responsible for investigating a wide range of domestic and international activities arising from the illegal movement of people and goods into and out of the United States

IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

The Coast Guard, formerly part of the U.S. Department of Transportation and now part of the U.S. Department of Homeland Security, is responsible for drug interdiction at seaNot bound by Fourth Amendment

COAST GUARD

Criminal Investigation (CI) DivisionThe IRS employs about 2,800 special agents in the Criminal Investigation divisionThey examine bank records, canceled checks, purchases, etc. of suspicious individualsUse net worth theory

INTERNAL REVENUE SERVICE (IRS)

Witness Protection ProgramRelated to drug trafficking this is their most important taskAll efforts are made to protect people who have testified against those involved with drug trafficking Some problems inherent in this program

US MARSHALS SERVICE

Assist law enforcement agencies with investigative activities that transcend international borders190 member countriesAnnual budget of approximately $70MDrug trafficking, human trafficking, money laundering, illicit drug production, terrorism, etc. are points of emphasis

INTERPOL

Despite displacement concerns there still appears to be a benefit to society’s street-level enforcement makes sellers more cautious, more difficult to find, etc.Buyer is forced to spend more time searching for a connection and less time searching for money or using the drugPossibly can lead them to be more motivated to seek treatmentThree categories:

Community-wide policing Geographically focused policingHot-spots policing

STREET LEVEL LAW ENFORCEMENT

Drug Market Intervention InitiativeViolent dealers arrestedNon-violent dealers “called-in”Roomful of law enforcement officers, social service providers, community figures, ex-offenders, parents, relatives, neighborsContinue to deal and “banked cases” will be activated

STREET LEVEL LAW ENFORCEMENT

Difficult to measure the success of these programsHow does law enforcement affect the priceHopefully, increases the price and makes it less affordable (due to making it less available)Possibly some will not be able to afford and will seek treatment as their alternativeDriving down drugs on domestic level sometimes has reverse affect at the international levelSubstantial investment in drug law enforcement can increase criminality as drug users commit crimes to support habitMany resources used in drug law enforcement that could be better utilized elsewhere

ISSUES IN DRUG LAW ENFORCEMENT

CREDITS

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