RESIDENTS: GREEN HARVEST CHOPPER LANDINGS ILLEGAL

HANALEI - Some residents claim the Kaua'i Police Department may have
violated a county law when officers decided to land helicopters in
early May at Waioli Park in Hanalei so they could have lunch and
unload marijuana plants confiscated during Operation Green Harvest.

Two members of the North Shore community say the county's North Shore
Development Plan requires a permit from the Planning Commission for
any helicopter landings from Moloa'a to Ha'ena.

Kaua'i Police Sgt. Richard Rosa, acting lieutenant in the KPD
Investigative Services Bureau Vice Narcotic Section, said the
department secured a permit from the county Parks and Recreation
Department, standard operating procedure for Green Harvest landings
in county parks.

That's not enough, according to Maka'ala Ka'aumoana, a member of a
community organization devoted to stopping disrespectful air tourism,
and Carl Imparato, president of the Hanalei to Ha'ena Community Association.

Ka'aumoana and Imparato referenced the North Shore Development Plan,
which is contained in the General Plan, a guiding document for the
county. The quoted a part that states, plainly, any landings along
the North Shore on public or private land require Planning Commission
permits, not Parks and Recreation permits.

Ka'aumoana wrote a letter to Mayor Bernard Carvalho Jr. expressing
her concerns, but he hasn't responded, she said.

Efforts to get an answer from a county spokesperson about required
permits were unsuccessful by press time.

Speaking as a concerned Hanalei resident, Imparato said the Green
Harvest operations are done in an "over-intrusive manner," and that
flying low over someone's home searching for illegal marijuana plants
could be construed as a violation of privacy protections guaranteed
by the U.S. Constitution.

"To have helicopters basically harassing people in an urban area is
wrong," especially since police need probable cause and a search
warrant in order to search for illegal drugs on private property on the ground.

"Why don't they need one (search warrant) to fly low over your home?" he asked.

"The operations are done in a very intrusive manner. There's no place
for this kind of operation in an urban area," Imparato said. "It
seems to be a way of getting around those constitutional protections.

"I appreciate the Kaua'i Police Department's anti-drug efforts, but
the methods need to be fine-tuned. It goes too far," he said.

"You feel like you're in Iraq or Vietnam when these guys come around,
and it's wrong."

Ka'aumoana also expressed reservations.

"I'm not against it," she said of Green Harvest operations. "It needs
in these economic times at least to be cost-effective.

"The effort needs to be sensitive to communities and neighbors, and
cognizant of the law. It's a very, very, very disruptive endeavor," she said.

People in Princeville, Hanalei, Wainiha and Ha'ena all called her to
complain when the low-flying helicopters buzzed their homes earlier
this month, she said.

"It's a very difficult thing for communities. Those in charge need to
consider other impacts," she added. "It's like being in a war zone.

"You feel as though you're under siege, and we didn't do anything wrong."

Despite community concerns, KPD Chief Darryl Perry said the
operations will continue.

He said the rental cost for the helicopters alone was $27,000. A
total cost of the operation, including manpower, was unavailable by press time.

Although just 75 plants were pulled during the operation, mostly in
the North Shore area, "it's still 75 MJ (marijuana) plants that will
not be smoked or ingested or sold to someone," Perry said in an e-mail.

"Also, please remember that, less than two years ago, here on Kaua'i,
a similar type of operation led to the take down of Edward Holland
and four co-conspirators in the largest seizure of 5,922 MJ plants," he said.

That was in an operation known as Operation Green Stream.

"It would be reckless and irresponsible to cease operations," he said.

Is Green Harvest worth the cost, risk and apparent nuisance to residents?

"Yes, it's worth it," Perry said, "because responsible government
organizations like KPD care what happens to our youth and adult community."

Has there been any internal KPD discussions about whether or not to
continue the operations?

"Yes," Perry said. "Discussions center mainly on strategies, not on
'whether or not to continue.' We are clear in our mission. There are
no ambiguities."