POTHEADS AND ILLEGALS HOLD FOURTH

If you thought it was ludicrous when a federal court ruled that U.S. Border
Patrol agents can no longer stop somebody because they look Mexican, wait
until you get a load of this one:

On May 5, three known marijuana users will get really, really high in west
Phoenix. They will then loudly boast their love for the drug in front of
thousands of people.

But despite knowing this weeks ahead of time, federal drug agents are
powerless to stop them.

The three known marijuana users are known collectively as the rap group
Cypress Hill. They really like marijuana. It's a running theme through
their songs.

"Like Louie Armstrong played the trumpet, I'll hit dat bong," goes a verse
on the tune, Insane in the Brain.

They'll be at Desert Sky Pavilion for a concert on Cinco de Mayo, and it's
a safe bet they will indulge before, after, and possibly, during their show.

But law enforcement won't bust them.

"Someone's self-admission is not going to meet the burden of probable cause
to give us a search warrant," said Tom Raffanello, a spokesman for the Drug
Enforcement Administration.

What that mouthful means is that the DEA can't search for drugs on people
just because they talk about using them.

That might seem ludicrous. But that's the way it is.

It also might seem ludicrous that U.S. Border Patrol agents cannot consider
race when determining whether or not to stop somebody and question their
citizenship.

But that's also the way it is, thanks to the recent ruling by the 9th
Circuit Court of Appeals.

The reason the Border Patrol can't stop people simply because they look
Mexican is the same reason the DEA can't search professed potheads.

That reason is called the Fourth Amendment to the Constitution, which is
designed to keep law enforcement from overstepping its bounds. Even if it
means some lawbreakers go free.

The Fourth Amendment protects citizens from unreasonable searches and
seizures. Courts have said that the word "seizure" doesn't just mean
arrest, but applies to any time police stop somebody, no matter how briefly.

To stop somebody, an officer needs to have reasonable suspicion that person
has committed or is about to commit a crime.

Hunches don't cut it. Even if that hunch is based on somebody wearing a
marijuana leaf on his cap and bragging about how much he smokes it.

The same principle keeps officers from stopping people simply because
they're pulling out of a bar's parking lot. An officer needs to see weaving
or some other sign of impairment before ordering the driver to pull over.

Looking Mexican is not enough, on its own, to warrant a stop by the Border
Patrol. Not anymore. Agents need to spot other suspicious signs before
deciding to make a stop.

So, on this Cinco de Mayo, the following will likely happen:

Cypress Hill will light up huge joints on their bus.

People will get behind the wheel after stumbling out of crowded bars.

And Mexicans will be smuggled across the border, partially aided by the
fact Border Patrol agents don't stop every car whose driver has a "Hispanic
appearance."

It's probably not exactly the picture the framers of the Constitution had
in mind. But it's what they intended.

Even if at times, it seems they must have been high.