Barnstable DA should appoint special prosecutor

The Cape and Islands DA Michael O'Keefe should appoint a special prosecutor to investigate and possibly prosecute an incident where several off duty drug cops allegedly beat up a DJ at a bar.

DJ accuses officers of beating him | CapeCodOnline.com

As someone who has prosecuted cases myself, I understand the close relationship between prosecutors and officers. Though the prosecutor is supposed to be independent, it is rare that an assistant district attorney would question a police officer's story. They will be working together again within weeks, so the prosecutor has an incentive to "go along to get along." This poses a threat to justice in this matter.

Perhaps even more important, a special prosecutor will supervise the police investigation so that the police investigating other police are closely scrutinized for bias.

Narcotics police have a reputation for acting with impunity, often believing that they are "above the law." DA O'Keefe can demonstrate his commitment to impartial justice by appointing a special prosecutor for this case.

Supreme Court Further Curtails 4th Amendment

Today the Supreme Court put its stamp of approval on sneaky cop tactics used to circumvent the 4th Amendment in drug cases. In this particular case, the drug in question was marijuana. You can read the opinion here.

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SJC Marijuana Case

The Supreme Judicial Court recently ruled that the odor of burnt marijuana in a parked car, without more, does not justify the police ordering the occupants from the car.

It's important to recognize the limits of this decision. First, it does not affect the laws relating to operating under the influence of drugs. It remains a crime to drive under the influence of marijuana, and police may search a car if they have probable cause to believe that this is taking place. Second, it does not address the issue of the odor of fresh marijuana, or how this situation plays out if car is pulled over.

What does this mean? Smoking marijuana in a moving vehicle remains a very bad idea! If anything, since decriminalization of marijuana, police have made more arrests for operating under the influence of drugs. Law enforcement agencies are churning out "drug recognition experts," officers they claim can provide expert testimony on whether someone is under the influence of a drug, at a record pace. While the "science" behind their methods may be questionable at best, most courts have allowed this testimony.

It is a victory for privacy that one cannot be bothered for smoking marijuana in a parked car while doing nothing else wrong. However, marijuana prohibition is alive and well, and it can ruin lives and reputations.