Pubdate: Fri, 10 Sep 2004 Source: Richmond Times-Dispatch (VA) Copyright: 2004 Richmond Newspapers Inc. Contact: http://www.timesdispatch.com/ Details: http://www.mapinc.org/media/365 Author: Osita Iroegbu DRUG CONVICTS SIGN AWAY SEARCH-PROTECTION RIGHTS Yet Colonial Heights still has not searched consenting offenders COLONIAL HEIGHTS - A program that allows Colonial Heights police officers to conduct searches and seizures without a warrant or probable cause has deterred drug offenders from repeating their crimes, says the city's Commonwealth's Attorney. He says that, even though police have yet to conduct the first search of any of the nearly 50 people who have waived their Fourth Amendment right protecting them from unreasonable searches and seizures. "It helps a lot when there's a suspicion that you might be searched," said Commonwealth's Attorney Michael Lee. "I think it has had a great indirect effect." Under the Colonial Heights program, defendants in any plea agreement involving the use, sale or possession of drugs relinquish their right in exchange for incentives such as the reduction in the number or severity of charges or the elimination of fines. The waiver makes it legal for police to search the person, vehicle and residence of a felony drug offender at any time. Lee said he believes that even those who haven't waived their rights have been deterred from engaging in drug offenses. "You believe that people hearing about it refrain from doing something that may put them in the position to be searched," he said. The number of arrests for drug possession in Colonial Heights increased from 150 in 2001 to 256 in 2003. Arrests for drug sales and manufacturing almost tripled from 21 to 58. This year's arrest totals were not available. Lee said he hopes the new program will help rehabilitate drug offenders or push them out of Colonial Heights. In 1998, the U.S. Supreme Court upheld the validity of Fourth Amendment waivers. In April of this year, Colonial Heights enacted its policy. Officers were trained on when and how to conduct the searches. Kent Willis, executive director of the American Civil Liberties Union of Virginia, has questioned the constitutionality of the program since its implementation in Colonial Heights. "Everyone should keep their eyes on this program," Willis said in April. Lee said each offender is made aware of the consequences before he signs a plea agreement. "When plea agreements are done, the wording is put in very bold letters," Lee said. Tom Kifer of the Colonial Heights police department said the program is designed to stop repeat offenders. "Even though a search may not have been made today, one can be made tomorrow," Kifer said. "Just knowing that fact serves as a deterrent." Before an officer can search a person under the agreement, the officer must have a supervisor's approval, Kifer said. An incident report must be filed after every search. "This is not something taken very lightly by the police department," he said. - --- MAP posted-by: Josh