Pubdate: Mon, 20 Dec 2004
Source: Capital Times, The  (WI)
Copyright: 2004 The Capital Times
Contact:  http://www.captimes.com/
Details: http://www.mapinc.org/media/73
Author: By Stephanie Rearick
Cited: Law Enforcement Against Prohibition www.leap.cc

PROGRESSIVE DANE NOT ANTI-COP, SEEKS CLARITY

Madison police union President Scott Favour's characterization of
Progressive Dane as anti-police comes as a disappointment. Progressive
Dane elected officials and activists have generally enjoyed a good
working relationship with local police.

Our request for a review of a recent police action, where police
allegedly used the smell of unburnt marijuana as justification to
conduct a search without consent, was a respectful request to the
police chief and the mayor to clarify city policy with regard to
marijuana law enforcement. It is our right as citizens to push for
transparency in law enforcement.

Favour mentions that the U.S. Supreme Court has held that the odor of
marijuana can be considered probable cause for a search of a vehicle.
The fact that a tactic can be accepted in court does not constitute a
mandate for our local police to use it. And police officers are vested
with discretion in choosing whether to pursue a marijuana violation
under state or local law.

Rather than asking police to ignore marijuana laws, we ask that they
respect city law, specifically Madison General Ordinance 23.20, which
treats the personal use possession of marijuana on public property as
a simple ordinance violation, resulting in a small fine and no further
action. The county ordinance allows a fine for possession of up to 25
grams (more than the amount initially found on the suspect in the case
under review), and state statutes explicitly provide this option.

The DA and police have repeatedly stated that simple marijuana
possession cases are routinely treated as ordinance violations,
warranting only a ticket.

As Favour suggests, we also question the illegality of marijuana, as
did Madison voters in 1977 when they passed Ordinance 23.20.

Favour acknowledges that marijuana's illicitness drives the violence
occasionally associated with it. Besides its negative impact on
communities, this violence increases the dangers posed to police in
the course of their work. This is partly why the national police
organization, Law Enforcement Against Prohibition (www.leap.cc), was
formed.

The war on drugs also plays a major role in the appalling racial
disparity that exists in the Wisconsin and Dane County criminal
justice systems. While data show illicit drug use to be fairly evenly
spread throughout all segments of society, African-Americans are
incarcerated for drug crimes at much higher rates than their white
counterparts. A shift in this trend will require thoughtful action at
every level of law enforcement and a much greater investment in
prevention and treatment.

As recently reported by Wisconsin Taxpayers Alliance, our state's
bloated prison system has a stranglehold on Wisconsin's budget, and we
lead the nation in arrests, despite being 45th in violent crime. In a
free and democratic society, we have a responsibility to challenge
policies that are costly, unsafe and unjust.

Noble Wray's first public statement as Madison's new police chief
indicated his desire to pursue policing based on trust. In Madison we
have a long tradition of being ahead of the curve in community
policing. There are good reasons that Madison has come to expect its
police force to be better than those in most other U.S. cities -
because it has been.

An honest discussion about our community priorities, paired with
concrete action toward improving our failed approach to drug policy,
is essential to building the trust desired by all parties.
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MAP posted-by: Larry Seguin