POLICE SEARCHES DISPUTED

Some Attorneys Say The Columbia Police Are Violating Civil Rights During
Narcotics Investigations.

"No one should ever open his door to the police." Dan Viets Criminal
Defense Attorney. Columbia police don't always need a warrant to enter
someone's home. Sometimes, all they need to do is knock.

Police call this tactic a "knock-and-talk" investigation, and officers
use it to make contact with people they believe are involved in
illegal drug activity. According to reports from the narcotics unit,
the number of these investigations conducted between 2002 and 2003
doubled from 11 to 22.

Knock-and-talks typically begin with officers knocking on the door of
a residence unannounced. The idea is to persuade the occupants to
grant permission for them to enter and search for any illegal drugs or
paraphernalia. If the occupants consent, police will enter and
interview them. If not, then they will try to see if any drugs or drug
paraphernalia are in plain view from their vantage point. If they are,
they can make a warrantless entry.

Defense attorney says police are deceptive

Criminal defense attorneys Kevin O'Brien and Dan Viets are concerned
with the implications this routine has for citizens' Fourth Amendment
rights.

"There's an element of deception in it. It constitutes an erosion on
people's rights," O'Brien said. He said officers try to hide their
reasons for conducting a knock-and-talk by engaging in normal,
friendly conversation with people.

The Fourth Amendment of the Constitution states, "The right of the
people to be secure in their persons, houses . shall not be violated."
Although knock-and-talk is "technically not a violation" of those
rights, according to O'Brien, the police are "giving people a false
sense of security." He said police often "prey on people who are kind
of unsuspecting" and do not inform people of their intent to search
when they arrive.

Capt. Sam Hargadine of the Columbia Police Department said that since
he started working in the investigations unit two years ago, the
department has not received any complaints from citizens regarding
knock-and-talks.

Viets said the police have not received complaints because people do
not expect officers to respond. He estimated that he represented a
dozen defendants last year who were targets of knock-and-talks. Most,
if not all, argued in court that they never gave consent for police to
enter their homes, he said.

These investigations are usually initiated by citizen complaints or
CrimeStoppers reports of a specific residence or occupant who might be
involved in drug activity. Capt. Mike Martin, the department's
investigative commander, said officers are required to respond to all
complaints.

Knock-and-talks are less time consuming

Martin said the police force is trying to take a more pro-active role
in the community by using knock-and-talks. It allows officers to
quickly assess the severity of a situation and then move on to address
other citizen complaints, he said. He described the routine as a "hey,
how are you doing" form of contact with residents.

Martin said that officers generally find paraphernalia in plain view
during such investigations. After the first sighting of drug evidence,
he said, officers will secure the premises, or lock it up, so no one
may enter or exit. Then, they will apply for a search warrant. Within
hours, usually, a judge will approve the application, and the warrant
will be served at the residence. Depending on the type of narcotic
found, the amount and the criminal history of the occupant being
investigated, said Martin, officers can take other actions against
drug offenders.

For example, felony amounts of drugs will result in on-sight arrests.
In Missouri, more than 35 grams of marijuana constitutes a felony, and
any amount of cocaine is a felony. Martin said someone who is found to
have drugs in his or her home and has a criminal history of drug use
would be arrested.

"They should have learned their lesson the first time," he
said.

Viets said it is common for police to walk through residences,
essentially conducting a search, "in the pretext of securing the
premises." Officers do make a "walk-through" of residences to make
sure all people have evacuated the premises before they search. But
Viets said many times the walk-throughs turn into searches before a
warrant is served. "No one should ever open his door to the police,"
Viets said. The best way to protect one's rights against warrantless
searches is to simply refuse permission for police to enter one's
home, he said.

Martin said all knock-and-talk investigations that uncover drug
evidence are put into formal reports, but those that do not are not
necessarily reported. Martin requires all narcotic and investigative
officers to report the details of these investigations to him. But he
could not confirm that the number of knock-and-talks reported in the
2002-03 narcotic unit reports were the total number conducted by
narcotics officers in those years.

Investigations in criminal activity can be time-consuming," said
Martin. "I think citizens want us to use our time appropriately." He
said this method consolidates officers' time during
investigations.

Martin said that officers are trained for knock-and-talks with
guidelines based on the Fourth Amendment. He said those guidelines,
which are not explicitly written out, are drawn from recent court
rulings based on drug cases.

Police follow the law "We go by what the Constitution says," Martin
said, adding that this way, officers do not violate citizens' rights.

According to a 2003 Missouri Uniform Crime Report, 991 people were
arrested on suspicion of drug possession in Boone County last year,
and 113 people were arrested on suspicion of selling or manufacturing
drugs.

State v. Robinson, a Missouri case, set the precedent for how drug
evidence found during knock-and-talk investigations can be used in
court. The Court ruled that statements made to officers by
"confidential informants," or cooperative citizens, cannot be used as
evidence; only hard evidence found on someone's person or in someone's
home can be used to connect him or her to a crime.