Pubdate: Sat, 18 Sep 2004 Source: Watertown Daily Times (NY) Copyright: 2004 Watertown Daily Times Contact: http://www.wdt.net Details: http://www.mapinc.org/media/792 Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/raids.htm (Drug Raids) Bookmark: http://www.mapinc.org/topics/border+patrol Bookmark: http://www.mapinc.org/topics/helicopter Bookmark: http://www.mapinc.org/topics/homeland+security GOOD DECISION Judge Affirms Constitutional Rights Police officers cannot just barge in to a residence without a warrant, terrorize a family and conduct a search The U.S. Constitution and the New York State Constitution protect against such warrantless raids. Yet that is what federal, state and local police officers did to a family in the town of Alexandria last August. Their actions drew a severe reprimand this week from Jefferson County Court Judge Kim H. Martusewicz, and rightly so. The judge dismissed a marijuana-growing case and chastised police for their tactics. On Aug. 28, 2003, U.S. Border Patrol agents, state police and members of the Metro-Jeff Drug Task Force descended on the home of Terrence M. Sutton. Producing no warrant, they raided the house, searching for drugs. A helicopter was used in this invasion, and five squad cars. Officers confronted Mr. Sutton's wife, Krystal, who was pregnant, and their 8-year-old daughter, both of whom were very upset, the judge noted. The officers did not have permission to search and, for a long time, would not identify themselves or what they were seeking. The mother and daughter were separated through much of the ordeal, adding to the trauma. After two hours, police at the home typed out an application for a search warrant and a town justice signed it. Eventually, 35 potted marijuana plants were found in brush near the home, as well as seeds, all of which were worth $50,000. But charges against Mr. Sutton were dismissed due to police tactics. That is too bad. Good police work could have resulted in a conviction. But as Judge Martusewicz said in his decision. "The methodical, deliberate and coordinated lawless search and seizure at the Sutton home and yard by a 10-member force of federal, state, county and city law enforcement agents shocks the conscience of this court." "The blatant and overwhelming violations of the applicable federal and state constitutional provisions involved and the misleading and false testimony of the government's witnesses in this case are inexcusable," he said. It seems apparent that federal agents disregarded the legal process in this case until Judge Martusewicz affirmed constitutional rights in his courageous decision. In future, the Jefferson County district attorney must ensure that federal agents do not ride roughshod over local citizens in pursuit of drugs or terrorists. Certainly the community is interested in drug enforcement, but not at the expense of constitutional rights. "The citizens of this area of the state have a right to demand the compliance by its government officials especially during the present time when there is a heightened presence of federal agents in our border area as a result of stepped-up homeland security activities," Judge Martusewicz said. This is why we elect local judges.to protect individual rights and guard the community's interests against violations committed by those who should be upholding the law. - --- MAP posted-by: Larry Seguin