DRUG CONVICTS SIGN AWAY SEARCH-PROTECTION RIGHTS

Yet Colonial Heights still has not searched consenting offenders

COLONIAL HEIGHTS - A program that allows Colonial Heights police
officers to conduct searches and seizures without a warrant or
probable cause has deterred drug offenders from repeating their
crimes, says the city's Commonwealth's Attorney.

He says that, even though police have yet to conduct the first search
of any of the nearly 50 people who have waived their Fourth Amendment
right protecting them from unreasonable searches and seizures.

"It helps a lot when there's a suspicion that you might be searched,"
said Commonwealth's Attorney Michael Lee. "I think it has had a great
indirect effect."

Under the Colonial Heights program, defendants in any plea agreement
involving the use, sale or possession of drugs relinquish their right
in exchange for incentives such as the reduction in the number or
severity of charges or the elimination of fines.

The waiver makes it legal for police to search the person, vehicle and
residence of a felony drug offender at any time.

Lee said he believes that even those who haven't waived their rights
have been deterred from engaging in drug offenses. "You believe that
people hearing about it refrain from doing something that may put them
in the position to be searched," he said.

The number of arrests for drug possession in Colonial Heights
increased from 150 in 2001 to 256 in 2003. Arrests for drug sales and
manufacturing almost tripled from 21 to 58. This year's arrest totals
were not available.

Lee said he hopes the new program will help rehabilitate drug
offenders or push them out of Colonial Heights.

In 1998, the U.S. Supreme Court upheld the validity of Fourth
Amendment waivers. In April of this year, Colonial Heights enacted its
policy. Officers were trained on when and how to conduct the searches.

Kent Willis, executive director of the American Civil Liberties Union
of Virginia, has questioned the constitutionality of the program since
its implementation in Colonial Heights.

"Everyone should keep their eyes on this program," Willis said in
April.

Lee said each offender is made aware of the consequences before he
signs a plea agreement. "When plea agreements are done, the wording is
put in very bold letters," Lee said.

Tom Kifer of the Colonial Heights police department said the program
is designed to stop repeat offenders. "Even though a search may not
have been made today, one can be made tomorrow," Kifer said. "Just
knowing that fact serves as a deterrent."

Before an officer can search a person under the agreement, the officer
must have a supervisor's approval, Kifer said. An incident report must
be filed after every search.

"This is not something taken very lightly by the police department,"
he said.