PERCEPTION CONFIRMED WITH LATE-NIGHT CALL

Don Wright had an important decision to make in the early morning hours of
March 6: Halt an impending search of Shelby County Commissioner Michael
Hooks's private residence, or allow law enforcement officers to make a
thorough assessment of the commissioner's alleged involvement with crack
cocaine.

The chief deputy of the county Sheriff's Department chose the first option.
That decision has helped feed public perceptions that the rich, the
powerful and the politically connected simply are not treated like everyone
else.

Officers had adequate justification to obtain a search warrant for Hooks's
office and an adjacent apartment, and to look for evidence of what might
have turned out to be a felony - possession of cocaine with intent to sell.

Entering the premises to search for the commissioner's son, the officers
found pipes used to smoke crack cocaine, a small amount of cocaine residue,
some steel wool and two pots of boiling water, which are used in the
process of turning cocaine into crack.

Michael Hooks Jr. was sought on a Jackson, Tenn., warrant that had been
vacated, apparently without the knowledge of the officers who were serving
it. The officers didn't find him, but on the basis of what they did find,
they were confronted with the option of seeking a search warrant that would
have authorized a more thorough search of the premises.

But Commissioner Hooks called Bobby Lanier, an assistant to County Mayor
Jim Rout, Lanier connected him to Wright, and, shortly afterward, the
officers were off the property. Hooks got a citation for misdemeanor
possession of narcotics paraphernalia, a charge that could eventually be
dropped if Hooks does what he needs to do to kick what he has described as
a crack addiction.

Wright says he did not make his decision for political reasons, and that
Lanier didn't try to pressure him. He asserts he decided against a search
because it would have required the officers to work overtime and wasted tax
money.

Such concern for economy is an admirable impulse for someone who is
preparing to run for political office. Wright wants to succeed the retiring
county sheriff, A.C. Gilless, next year.

But the cost of the decision in the potential loss of confidence among
citizens in local political institutions and the criminal justice system,
however intangible, also needs to be considered. Presented with evidence to
confirm the suspicion, people are inclined to believe the cards are stacked
against them unless they are rich or well connected.

Rout's indication that he is concerned about even the appearance of
behind-the-scenes maneuvering on behalf of politicians will help address
that fear. Rout says he wants a policy that instructs county officials who
are contacted by elected officials seeking help in this kind of situation
to call the county attorney first, and then to fill out a form detailing
the call's specifics.

If extra paperwork for government officials helps maintain public
confidence in them, it will be worth the effort. Respect for the law is
based in part on the confidence that everyone is treated equally by police,
with wealth, fame or political connections playing no part in any decision.

Daily, though, there are assaults on this confidence. O.J. Simpson beats a
murder rap despite overwhelming evidence of guilt. Police in New York City
are found innocent after they kill an unarmed man with a barrage of gunfire
in the doorway of his apartment building. Pardons are passed out like party
favors on the eve of the president's departure.

Politicians such as Hooks surely should not be treated more harshly than
the general public. But if probable cause exists to believe a felony might
be in progress, overtime costs should not be the primary concern.

Wright says he made his decision without knowledge of the boiling water.
That would seem to indicate the decision was made in haste, on the basis of
incomplete information. Sending a supervisor to the scene to inspect things
would have taken time, but it also would have avoided the appearance, fair
or not, that some sort of political fix was in place.

Not doing so saved the county some money in the short run. That revenue may
come in handy, if the long list of lawsuit settlements against the
Sheriff's Department for sexual harassment should grow.

In the longer view, though, a little overtime would have been a good
investment. At least people would have been assured, in this case, that
justice is being dispensed with an even hand.