STOPPING DRUGS: DO THE ENDS JUSTIFY THE MEANS?

DURHAM -- When two men were sentenced last week to double-digit prison
terms for transporting eye-popping amounts of heroin and cocaine into
the Bull City, it brought satisfaction to police and prosecutors but
raised questions among defense lawyers about the constitutionality of
a local narcotics-interdiction program.

The interdiction effort is aimed at catching drug smugglers as they
drive along interstate highways 85 and 40, and as they disembark at
the local Amtrak station and intercity bus depot.

One of those sentenced last week was Edward Lee Banks, who had 2
kilograms (4.4 pounds) of cocaine in his possession when stopped for
speeding in a rental car registered to someone else. He received a
sentence of 14 to 19 years in prison.

The other suspect was Alberto Cerano, targeted by police as he entered
Durham with 2.2 kilograms of heroin (nearly five pounds) that had been
shipped from Chicago. He was locked up for 18 to 23 years.

Reports indicated that, based on an investigation, local officers knew
what kind of vehicle Cerano was driving and what time he would arrive
here. A drug-sniffing dog was on standby for the occasion.

According to defense lawyer Woody Vann, Cerano merely was a "mule" --
or driver -- for the heroin shipment and possibly didn't even know
what type of drug he was carrying, much less the quantity.

His purported ignorance wasn't enough to get him off the legal
hook.

The difference in punishment for Banks and Cerano demonstrates how the
law treats heroin as an even more dangerous narcotic than cocaine.

Another sign of differentiation is that it takes only 4 grams of
heroin to support a trafficking charge, compared to 28 grams for cocaine.

Authorities say much of the local heroin supply originates in
Afghanistan and makes its way to the South American nation of
Colombia, then enters the U.S. through Mexico and funnels into Durham
from Chicago -- the city where the 2.2-kilogram Cerano haul came from.

By everyone's reckoning, the Cerano heroin bust was huge by Durham
standards.

Assistant Police Chief Steve Mihaich said he believed it was the
biggest in Bull City history.

"That's an incredibly large amount," agreed prosecutor Jim
Dornfried.

"If I get a few ounces of heroin, I consider it to be a lot," he
added. "One kilo is amazing. Two kilos is outrageous."

Veteran defense lawyer James D. "Butch" Williams had the same
impression last week.

"Wow," he said. "That's a hell of a lot. You're up in the
million-dollar range. You're talking about a whole lot of bucks, brother."

But Williams and some other lawyers contend that police unfairly, and
perhaps unconstitutionally, target Hispanic and black suspects.

"I don't have a lot of faith in the highway interdiction program,"
said Williams. "Number one, I don't think it's constitutional. It's
unjust to Hispanics and blacks. If you're a Hispanic or black male
with a rental car and an out-of-state [license] plate, you're going to
be stopped. Simple as that. If the police do that often enough,
they're going to hit a home run. They've been hitting home runs left
and right."

Mihaich, the assistant police chief, and Dornfried, the drug
prosecutor, denied that ethnic profiling occurs, although neither
provided statistics.

The percentage of Hispanic and black drivers pulled over by the
interdiction team "is certainly commensurate with the racial makeup of
the city," according to Mihaich. "I do not see any anomalies at all."

Interdiction officers cannot stop drivers at random, Mihaich added. He
said they must have "reasonable suspicion," such as a traffic
violation or a reliable tip that someone is transporting illegal drugs.

Dornfried concurred that racial profiling is not used.

"I feel very confident about that," he said last week.

Statistics provided by Mihaich show that interdiction officers stopped
4,241 vehicles in 2007, searching 1,187 of them and making 71 arrests.

According to the statistics, officers seized $1.4 million in cash,
along with 2.15 ounces of crack cocaine, 694 ounces of powdered
cocaine, 1.46 ounces of heroin and 1,107.6 ounces of marijuana.

"It's been very successful for us," Mihaich said of the interdiction
initiative.

Interstate highways receive most, but not all, of the
attention.

The Durham Amtrak station and long-distance bus depot also are
targeted by interdiction officers, usually operating on what they
believe to be solid tips from informants.

"I can't just grab somebody off a train and order him to come with
me," said Mihaich.

The N.C. Court of Appeals ruled eight years ago in an Onslow County
drug-smuggling case that, "As a general proposition, information
provided to police by anonymous persons cannot constitute the basis
for reasonable suspicion. An anonymous tip can, however, provide
reasonable suspicion if 'significant aspects' of the tipster's
prediction about the future behavior of a person are corroborated by
police."

Tips from informants with proven reliability generally carry more
weight.