posted on December 17, 2002 05:17:04 AM new
The following describes a police tactic devised to make use of the various housing protective regulations to enable them to obtain entry without warrant and search homes for drugs and other evidence of lawbreaking also without warrant. They simply accompany housing officials as they perform their duties. If a resident refuses to allow a search of his or her home the police 'ticket' them for "interfering with a housing official" or some other like charge.
I believe that activities such as this are the real danger of the so called Patriot Act. By removing restrictions on police in defined situations the act stimulates police to find ways to fit their wished for activities into the definitions outlined within the act, however loosely. Even though this example should pretty clearly be prevented by the 4th amendment police know that in most cases people can hardly afford to take their day in court and so they proceed on a percentage basis - a high percentage of cases will not be questioned in court. Depending on how cleverly they misapply the law they will continue for years, all the time devising new ways to do as they please.
"The Belleville News-Democrat has run two stories this week concerning "enforcement teams" consisting of area police teaming with housing inspectors, who are entering homes unannounced, and ticketing people who refuse to allow inspection.
A story that ran on Sunday of this week entitled,"Subject to Inspection" outlines a trend which is disturbing both conservatives and liberals, questioning a complete disregard for the 4th Amendment to the U.S. Constitution.
The Belleville News-Democrat found:
• At least four times, the police-compliance officer teams have been accused of simply walking into houses unannounced without knocking first.
• A dozen times when people refused to let the officials in without first seeing a warrant, they were charged with obstruction or interfering with a health officer, despite a 1967 U.S. Supreme Court ruling that it is unconstitutional to arrest someone who doesn't allow a search without a warrant.
• Fifty-seven percent of those cited for occupancy code violations were white, while 43 percent were black. Belleville's black population is 15.5 percent, according to the 2000 Census.
• The Police Department has taken advantage of the housing inspections, the records show. In at least 10 cases, the housing inspections gave police an easy way into homes to search for drugs.
On Tuesday of these week, a follow-up story revealed more details.
Will Jordan, executive director of the nonprofit Equal Housing Opportunity Council told the Belleville News-Democrat said he would ask prosecutors in the U.S. attorney's office in Fairview Heights to contact the U.S. Justice Department to consider looking into how Belleville enforces its occupancy laws.
The newspaper quoted Belleville Police Chief Terry Delaney as saying, "Enforcing the city's overcrowding laws by inspecting homes without getting a search warrant and ticketing residents who do not allow searches will continue."
posted on December 17, 2002 07:07:58 AM new
Enforcement teams, involving non-traditional methods of operation and of course motivated by fear of terrorism and security concerns is the name of the game today.
In Moreno Valley, there is a similar enforcement team that works with citizens, property owners, the city, Fire Department, Code Compliance, City Attorney, U.S. Attorney, etc in order to "abate a problem". It's called the P.O.P. team.(Problem Oriented Policing ).
And these enforcement teams, besides violating civil rights in a sneaky way can be lucrative operations! The IBET (Integrated Border Enforcement Team) has averaged $1 million a month in seizures. This is an enforcement team approach to Canadian and United States efforts to target cross border criminal activity. Of course it was instigated by the new reality of terrorism!
posted on December 17, 2002 07:39:42 AM new
Therein lies the real problem with the Patriot Act and Homeland Security. Only the most retarded adult or adult sequestered from open contact with society would conclude that police agencies would never and never do abuse the letter of the laws with which they are charged to enforce. That there are enough chances for abuse with the existing laws and regulations, as shown by KRS's example above, without the additional burdens placed upon the United States Constitution and the public with the way that the Patriot Act and Homeland Security are set up.
In fact, it seems as if every attempt to make these two institutions as open to perversion of their charters as possible has been made. That's because any piece of legislation of this sort has many added provisions to prevent abuse as a matter of course. These two do not. And worse, they are just begging for someone to turn them into monsters to harass Americans. And it isn't a matter of wait-and-see. No, it's already happening here at home. Wait to see how you'll feel in a year or two with the two acts in action. Will you feel safer for having unwillingly given up your Constitutional Rights, or will you be sitting in your home hoping that they don't kick down your door "by accident"?
posted on December 17, 2002 09:55:54 PM new
And nobody is bright enough to say the housing official can come in but the policeman can't?
They're not Siamese twins. If the housing person chooses not to come in without the cop that's their choice. Duh.
posted on December 18, 2002 01:03:11 AM new
If they did that where I live and enforce the no knock rule they would have a whole lot of trouble people would be dead or police being sued I live in one of those liberal states Still wondering how I got here
posted on December 18, 2002 07:32:56 AM new"Still wondering how I got here."
Aren't we all! LOL!
Actually, this "no knock" invasive practice will increase as Ashcroft's policies are implimented. It's not a liberal policy though. And according to the article, even conservatives are opposed to it.
