Pubdate: Thu, 10 Aug 2000
Source: Akron Beacon-Journal (OH)
Copyright: 2000 by the Beacon Journal Publishing Co.
Contact:  http://www.ohio.com/bj/
Forum: http://krwebx.infi.net/webxmulti/cgi-bin/WebX?abeacon

PROBABLE CAUSE 

What happened to the drug loitering law oversight?

News from the streets: Akron police are not failing to make use of the
drug loitering law after all. The City Council provided this tool a
year ago to combat drug dealing. Police have made four arrests,
according to James Laria, clerk of the Akron Municipal Court.

Moreover, says Akron Police Chief Michael Matulavich, his officers are
not shrinking from applying a law with provisions to which some
object. They have used the law as a portal to investigate and charge
drug dealers with crimes more serious than loitering, Matulavich has
explained in response to council members' criticism.

If this is the case, the police would do well to review the drug
loitering law and why it contains stringent oversight provisions. They
were inserted to prevent police from turning the law into a tool of
harassment.

The City Council rewrote the law, which in its original version was
declared unconstitutional by the Ohio Supreme Court. It was likely to
target minorities rather than drug offenders. The current law requires
thorough documentation and arrest tracking that can be reviewed by a
citizen committee -- an idea abhorrent to the Fraternal Order of
Police and the chief.

So the police are using the drug loitering law to give them probable
cause to question and search the loiterers. How many have they
arrested after finding evidence that they are dealing drugs? How many
have been released, feeling unfairly hassled?

That's why oversight was built into the loitering law. Where is it?
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