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Similar to US alcohol prohibition of the 1920’s, current drug prohibition legislation breeds police corruption and abuse. A 1998 report by the General Accounting Office notes that on-duty police officers involved in drug-related corruption engage in serious criminal activities such as (1) conducting unconstitutional searches and seizures; (2) stealing money and/or drugs from drug dealers; (3) selling stolen drugs; (4) protecting drug operations; (5) providing false testimony; and (6) submitting false crime reports. Approximately half of all police officers convicted as a result of FBI-led corruption cases between 1993 and 1997 were convicted for drug-related offenses and nationwide over 100 cases of drug-related corruption are prosecuted each year. Every one of the federal law enforcement agencies with significant drug enforcement responsibilities has seen an agent implicated.
It isn't hard to explain the growth of corruption. Relative to other opportunities, legitimate or illegitimate, the financial temptations are enormous. Many police officers are demoralized by the scope of drug trafficking. No matter how diligent an officer may be eradication programs and millions of arrests have done little to stop drugs which are now cheaper, purer, and more available than ever. Given the dangers of their job, the indifference of many citizens and the frequent lack of appreciation are no doubt disheartening. Some police also recognize that their real function is not so much to protect victims from predators but to regulate an illicit market that can't be suppressed and that much of society prefers to keep underground.
One of America’s worst cases of drug-related police corruption occurred in California after an officer caught stealing eight pounds of cocaine from a police department's evidence locker turned on his fellow officers to get a reduced sentence. Known as the ‘Rampart’ Scandal, over a hundred convictions were overturned as police misconduct, ranging from the planting of evidence to “confessions” obtained through beatings was uncovered. Officers were indicted on corruption charges, including torture, murder, drug dealing, and framing innocent people. The unit's criminal behavior became known as the ‘Rampart Way,’ a term referring to a predominately poor, immigrant neighborhood in East Los Angeles patrolled - and during that time controlled -by the officers.
Indeed, the misfortune of corruption falls disproportionately on communities of color. In July of 1999 the small town of Tulia, Texas, saw 43 residents arrested in early-morning drug raids. Forty of those arrested were black - making up over ten percent of the town's African-American population. The few whites arrested were in relationships with blacks. The only evidence against them was the testimony of one white undercover officer, who worked alone, and had no audiotapes, video surveillance or eyewitnesses. Despite this, many of the accused ended up with harsh sentences ranging from 25 years to life. The officer’s credibility was brought into question when the employee of one defendant produced time cards revealing that the man was at work at the time of the alleged drug transaction. More recently, it was discovered that the undercover officer had quit his last law-enforcement job and fled town to avoid theft charges yet, only two of the convictions have been cleared.
Police Corruption in Kings County (Seattle), Washington state
A group of public defender organizations in Kings County (Seattle), Washington is pursuing an innovative litigation strategy with race and drug felony issues in the case Washington v. Varner. The offices are consolidating drug cases into a class action suit claiming that the Seattle Police Department employs racist practices in targeting certain communities for drug related offenses. Using statistical evidence compiled by graduate students at Harvard's Kennedy School of Government, the attorneys argue that the Seattle Police Department's choices in where to enforce narcotics offenses are racist in intent and consequences. The overwhelming majority of those arrested and prosecuted are African-American and Latino, despite evidence that Caucasians use and sell drugs at equivalent rates. Counsel has filed a request for discovery to gain access to additional Police Department records to substantiate their claim. For further information on the case, contact: Kay C Lee Lisa Daugaard lisadaugaard@yahoo.com
Documents available in Washington v. Varner:
Discovery Brief
The Reply Brief
Kennedy Report
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