Will law enforcement and the American political leaders ever learn: the war on drugs is far, far worse than any damage done by drugs. The war on drugs ruins more lives, costs more money, fosters more corruption, and kills more people.
The latest sad example comes from Chesapeake, Virginia, where Detective Jarrod Shivers was shot and killed by a terrified homeowner while executing a dynamic entry warrant. Police swear they announced themselves, but at least two neighbors say they did not hear it. The homeowner, Ryan Frederick, was sound asleep until awakened by the sound of his front door being broken down. Understandably thinking criminals were breaking in, he used his legal firearm in what he had every reason to believe was self-defense. When the smoke cleared, one-third of an ounce of marijuana was found in Frederick’s house. Detective Shivers leaves a widow and three children as young as age 2, all over a misdemeanor quantity of drugs.
This transpired in January, but is gaining notoriety now because the homeowner has just endured a preliminary hearing on a capital murder charge. As information comes out, we learn there are many similarities to the tragic 2006 incident in Atlanta that left 88 year old Kathyrn Johnston dead and led to the conviction and jailing of three Atlanta police officers for manslaughter, planting evidence, and making false statements.
As in the Kathryn Johnston case, police in Virginia relied on the word of a confidential informant to request a warrant. And as is almost always the case, the informant had been arrested a few days earlier and was being pressured by police who teased the possibility of lesser charges if he would “bring them evidence of a major marijuana operation” (quoted by Radley Balko at
Reason Online). What makes the Chesapeake case even more outrageous is testimony that the local police had a history of encouraging informants to break into a target’s property to find evidence of drug crime, and then using that criminally-obtained evidence to get a search warrant.
State prosecutors admit the warrant was requested because of the allegations made by “burglars.” They and the Chesapeake Police decline to comment on the suggestion that it was department policy to have informants burglarize targets for potential evidence. Not “deny,” not “refute,” but “decline to comment.”
If indeed the Chesapeake Police have been encouraging crime suspects to commit burglary on targets to collect evidence and allegations, then the evidence has been collected in violation of Forth Amendment procedure and is inadmissable. In addition, IF IT BE TRUE — and these are just unproven allegations at this time — then the Chesapeake Police Department would appear to be a criminal enterprise in violation of the RICO laws. In practical terms, any such malfeasance would back up the homeowner’s claim if he pleads self-defence at trial. Yes, there are times when killing a law enforcement officer is legal self-defense.
Libertarians offer three simple solutions that instantly will end the death toll of the insane war on drugs.
- Outlaw no-knock police raids and so-called “dynamic entry” raids.The platform of the Libertarian Party of Georgia cites both techniques as essential violations of Constitutional rights. Banning these practices would prevent the tragic loss of life of both innocent people like Kathryn Johnston and law enforcement personnel like Detective Shivers. It is reasonable that a law-abiding citizen like Ryan Frederick or Kathryn Johnston thinks it is a criminal breaking down their front door, not a policeman; and it is expressly legal to use a firearm for self-defense in the home. Dynamic entry raids set up a dynamic guaranteed to lead to chalk outlines and funerals.
The rationale of a no-knock and dynamic entry raid is to prevent the destruction of evidence. But the traditional American view of criminal justice is to prefer 100 guilty people go free than one innocent person be jailed, let alone killed. Outlaw these anti-American tactics!
- Repeal laws against possession of recreational drugs, particularly marijuana. The Libertarian Party of Georgia platform states “We believe the so-called “War on Drugs” is more accurately described as a war on freedom and the U.S. Constitution…we call for the repeal of all laws establishing criminal or civil penalties for the manufacture, use, or sale of drugs.” We believe laws against recreational drugs ruin more lives and cause more damage than drug use does.
The war on drugs artificially raises the price of drugs, feeding the incentive for the drug trade. It also leads to official corruption, like that alleged in Chesapeake, Virginia. Because the proceeds from drug case property seizures are booty for participating law enforcement agencies, the agencies — and their officers — have an incentive to cut corners, bend the rules, and even flat-out lie. The day the war on drugs is repealled, these incentives to corruption will end.
- Cease the practice of downgrading charges and lowering jail time in exchange for “information” from informants who themselves are criminals or charged with criminal actions. Such informants cannot be considered free actors, and have every incentive to lie. Until the law can recognize the difference between one of many defendants turning states evidence and some guy down the block spewing names of strangers to try to lower his own prospective jail time, no informant testimony should be used or permitted in court.
Detective Jarrod Shivers is merely the newest in a long line of unnecessary death inflicted by stupid laws and even stupider policies. Until the insane war on drugs is ended, Detective Shivers will not be the last victim. The Libertarian Party of Georgia says “End the war on drugs NOW!”
