Pubdate: Fri, 01 Dec 2000 Source: Ledger-Enquirer (GA) Copyright: 2000 Ledger-Enquirer Contact: P.O. Box 711, Columbus, GA 31902-0711 Website: http://www.l-e-o.com/ Author: S. Thorne Harper DRUG CHECKPOINTS MAY END Drug Roadblocks Major Source Of Money For Local Task Force Drug checkpoints along Interstate 185 may have reached a dead end with Tuesday's ruling by the U.S. Supreme to ban anti-drug roadblocks used by the Metro Narcotics Task Force. "That's a tool we've used as part of the Metro Narcotics Task Force, and apparently it's a tool we won't have anymore," said Russell County District Attorney Ken Davis, whose jurisdiction includes the task force. In a 6-3 ruling, the high court ruled that Indianapolis' use of drug-sniffing dogs to check all cars pulled over at checkpoints violated the Constitution's Fourth Amendment involving unreasonable searches. However, citing "an obvious connection between the imperative of highway safety and the law enforcement practice at issue," the court upheld the law enforcement practice of operating checkpoints for driving under the influence and driver's licenses. Davis called the ruling "unfortunate" and said it would have a "very broad effect" on the operations of the task force. He said prosecutors with pending cases involving drug checkpoint-related arrests face the real possibility that those cases will be thrown out of court. Davis said he had no such cases pending. "That's unfortunate," Davis said of the high court ruling. "I think it's a small incursion on privacy rights, but a necessary incursion." The Metro Narcotic Task Force, which was established in 1994, is a multi-jurisdictional law enforcement unit composed of about 20 agents from the Columbus and Phenix City police departments and sheriff's departments from Russell, Muscogee and Harris counties. The force provides its own budget through drug-related property seizures. Though the amount was not available Thursday, police officials have said that a large portion of its budget is generated from its annual spring-break drug checkpoint on I-185. In March, the checkpoint yielded the arrests of 80 people and the seizure of six cars. During an Oct. 28 auction of seized property, the task force raised $77,934. The force's fiscal year 2001 budget is $239,473, said a spokeswoman with the Columbus Consolidated Government's Finance Department. Three local law enforcement officials said Thursday they had not yet reviewed the ruling and could not say how - or if - the ruling would affect anti-drug operations. Columbus Police Chief Willie Dozier, who said he had read only press accounts of the decision, said he did not think it would affect the way the task force operates its checkpoints. "As far as what I've read so far it won't affect our operations," Dozier said. "But you've got to have the specifics of it. If there is something in the case that affects us, then we'll make the adjustments." Russell County Sheriff Tommy Boswell said his department has no immediate plans for conducting drug checkpoints and said the county would review the opinion before others are planned. Muscogee County Public Defender Richard O. Smith hailed the ruling as victory for civil liberties. "I think that one thing that will stop is the harassment along I-185," he said. Smith, whose clientele have been among those stopped at drug checkpoints, said most of them have received "soft treatment" - mostly fines and probation sentences - because judges have not been comfortable with the constitutionality associated with their arrests. A spokesman for Georgia Attorney General Thurbert Baker said the office is reviewing the decision and has not yet determined how state anti-drug efforts will be affected. "Other law enforcement officers should be reviewing it as well to see if they are complying with the law," said Baker spokesman Jeff DiSantis. RICHARD THOMASON Ledger-Enquirer Motorists coming into Columbus on I-185 March 2 were met by police conducting drug searches. Police conduct these at various times and locations to help stem the flow of illegal drugs into the area. U.S. Supreme Court ruling Here are excerpts from the Supreme Court ruling that banned drug checkpoints. The ruling was in response to the City of Indianapolis v. Edmond case. Background: In 1998, Indianapolis conducted six drug checkpoints between August and November. Law enforcement officers stopped 1,161 vehicles and made 104 arrests. Fifty-five of the arrests were for drug-related offenses while 49 were for offenses unrelated to drugs. What the U.S. Supreme Court said: "Because the primary purpose of the Indianapolis narcotics checkpoint program is to uncover evidence of ordinary criminal wrongdoing, the program contravenes the Fourth Amendment." "(I)n determining whether individualized suspicion is required, we must consider the nature of the interests threatened and their connection to the particular law enforcement practices at issue. We are particularly reluctant to recognize exceptions to the general rule of individualized suspicion where governmental authorities primarily pursue their general crime control ends." "We cannot sanction stops justified only by the generalized and ever-present possibility that interrogation and inspection may reveal that any given motorist has committed some crime." - --- MAP posted-by: Larry Stevens