On Vacation- Merry Xmas!
Here are two posts I consider rough drafts. I wanted to polish them but I'll post them as filler until I return.
I need a platform- Marijuana
It has occurred to me that as a canidate I need a position on a lot of issues. I would like to start with the easy issues. Today I am brainstorming cannabis solutions for Texas.
I believe in self ownership, adults have the right to smoke what they want. If I could I would legalize controlled substances for adult consumption. However, I am running for State Rep, not King of Texas so I am trying to think of politically acceptable solutions.
On Marijuana Possession-
Idea 1- I would like to create an affirmative defense to Possession or sale of Marijuana. Anyone over 18 who purchases Marijuana tax stamps could not be convicted. The effect would be two fold. An increase in tax revenue and a decrease is jail space, court time, and prosecutorial effort wasted on cannabis prohibiton.
Idea 2- Repeal paraphanelia laws for sale and possession. Bongs are not dangerous, let people buy and sell them.
Reasonable Penal Searches
You are a police officer investigating a sexual assault. You need to gather a DNA sample from a suspect's penis. Do you-
a) Do some police work, find a magistrate to sign a warrant to collect the evidence or
b) Just demand the DNA sample from the defendant knowing the Court of Appeals will find a way to justify any unconstitutional activity?
If you chose B you would are ready to work in law enforcement. The 10th appellate court in Austin held that searching a suspect's penis without a warrant is "reasonable." Who would not expect a police officer to take swab their genitals? Privacy is so 19th century.
The 4th amendment has been exceptioned into non existence.
How did we turn this-
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.Into this - (the TCDLA SDR headline)
Warrantless Swabbing of Defendant's Penis to Obtain DNA Evidence was a Reasonable Search under the Fourth Amendment Ontiveros v. State, 2007 WL 2274832The officer in this case did not even attempt to secure a warrant. He never considered even calling a magistrate. Then again, why would he? Law enforcement knows that the Texas Court of Appeals frequently creates 4th amendment exceptions to save searhes.
A pragmatic view would be that, if the defedant is guilty of a horrible crime why not just allow these searches? It is true that the evidence points to Ontiveros' guilt. However, the 4th Amendment protects the innocent and the integrity of the system. I hope that saving this conviction is worth creating yet another exception to the beleaguered 4th amendment.
Comments
DATE: 12/21/07 2:14 AM
Good for you, running for the Texas House! I ran twice, in 2002 and again in 2006.You write: "However, I am running for State Rep, not King of Texas so I am trying to think of more politically acceptable solutions."I did not have this problem. I ran a paper campaign as a Libertarian, so I figured, hey, don't pull any punches. I called for total legalization of all drugs, not just marijuana. I called for the immediate release of all non-violent drug offenders (heck, all non-violent offenders, period).I found that this approach worked well. It helped people to break out of the mindset of small, incremental change and moved them in the direction of the Free Society.If you're a radical, then say so and make no apologies. Just my $0.02.http://www.harrybrowne.org/hb2000/text/theonlyway.htm
Posted by:
February 27, 2008 5:24 PM
DATE: 12/24/07 9:51 PM
First, you must come up with a medical field test that will determine if an individual is loaded or not...like a Breathalyzer does. Saliva testing might be such a test, and is far less expensive than urine testing.Only then, when you can pacify insurance companies, will you be able to move forward (maybe).Regulation of sales can be accomplished through requiring tax stamps for purchase. I'm sure you could find doctors and longtime users who would agree to a maximum purchase amount...say monthly...and put enforcement in the hands of the Liquor Control people.As long as you're discussing legalization of demon weed, you might also insist that establishments serving alcohol take on more responsibility for their patrons, including getting those patrons home safely.While you acknowledge that the pursuit of intoxication is not going to go away, you place more realistic restrictions on the various forms that intoxication may take.The hardest part will be overcoming public perception.Good Luck! I'd love to see the end of the drug wars.
Posted by:
February 27, 2008 5:24 PM