DON'T HAMSTRING POLICE EFFORTS IN REVERSE STINGS

CAN UNDERCOVER police officers use drugs confiscated in previous drug
arrests to "sting" drug dealers in subsequent operations? No, the Georgia
Supreme Court ruled this week, stripping one more anti-drug tool from the
hands of law enforcement. This decision should be promptly overturned, and
the Legislature has the power to do it.

A "reverse sting" occurs when police confiscate drugs in one arrest, then
use those same drugs in subsequent sting operations. It's a fairly routine
police tactic: An undercover cop gains credibility with drug suspects when
he can flash a kilo of cocaine during a drug bust.

But this week, the state's high court disallowed the practice, saying a
state statute that spells out disposal procedures for forfeited drugs does
not specifically permit their use in subsequent police operations.

Indeed, the Legislature has not explicitly allowed the use of confiscated
drugs in reverse stings. But neither has it prohibited the practice, nor
would it be expected to in a statute outlining the disposal of forfeited drugs.

The Legislature can fix this new curb on police work by specifically
allowing law enforcement agencies to retain drugs, with necessary controls,
for use in reverse stings.

Civil libertarians and criminal defense lawyers, with the help of some
judges, seem intent on tying the hands of police. Just last week the U.S.
Supreme Court debated the ridiculous question of whether citizens have a
right to run from police. Citizens and lawmakers must respond by giving the
police the lawful tools they need to do their jobs.