NCJ Number
11919
Journal
Oklahoma Law Review Volume: 26 Issue: 3 Dated: (AUGUST 1973) Pages: 317-341
Date Published
1973
Length
25 pages
Annotation
CONTENTION THAT DRUG OFFENSES, WHICH IN MOST INSTANCES ARE CONSENSUAL, VICTIMLESS CRIMES, LEND THEMSELVES TO SERIOUS PROCEDURAL AND SEARCH PROBLEMS.
Abstract
CRIMINAL DRUG LAWS, ESPECIALLY THOSE AIMED AT CONSUMPTION, HAVE NUMEROUS ENFORCEMENT DIFFICULTIES. BOTH USE AND POSSESSION NORMALLY OCCUR IN PRIVATE, AND THE QUANTITIES POSSESSED ARE USUALLY SMALL, EASILY HIDDEN, AND QUICKLY DESTROYED. THE CURRENT CONCERN WITH DRUG USE AND DRUG RELATED CRIME, HOWEVER, HAS PRESSURED LAW ENFORCERS TO THE POINT WHERE FOURTH AMENDMENT RIGHTS AGAINST ILLEGAL SEARCHES ARE OFTEN IGNORED IN THESE SITUATIONS. THE AUTHOR REVIEWS THE PROBABLE CAUSE STANDARD, INFORMANTS AND THEIR RELIABILITY, POLICE BIAS AGAINST THE YOUNG, ESPECIALLY THOSE WITH UNCONVENTIONAL APPEARANCES, AND THE STANDARDS FOR OBTAINING SEARCH WARRANTS. HE DISCUSSES WARRANTLESS SEARCHES, THE EXCEPTIONS TO THE FOURTH AMENDMENT REQUIREMENTS WHICH ALLOW THEM, AND THE FREQUENCY OF INCREDIBLE FACT SITUATIONS SURROUNDING DRUG SEARCHES THAT SUGGESTS POLICE MISREPRESENTATION. IN CONCLUSION, THE ARTICLE ARGUES THAT IF DRUG LAWS CONTINUE TO BE ENFORCED AS THEY PRESENTLY ARE, FOURTH AMENDMENT FREEDOMS MAY BE THE FIRST CASUALTY.