HAWAII'S 'ICE' USE FIGURED AT 10%

U.S. Attorney Cites Figure To Push Legislature For Laws With More Bite

HONOLULU -- Hawaii must revamp its wiretap laws and bring search-and-seizure
statutes in line with federal standards if it hopes to stop the growing use
of crystal methamphetamine in the islands, law enforcement officials told a
legislative panel on Monday.

Use of the highly addictive illegal stimulant known as ''ice'' has reached
such epidemic proportions in Hawaii that an estimated one out of every 10
residents is either a hard-core or recreational user, U.S. Attorney Edward
Kubo Jr. said.

''The health problem is serious and is growing by staggering proportions
each year in Hawaii,'' Kubo told a hearing of the Joint House-Senate Task
Force on Ice and Drug Abatement.

Kubo noted that his figures showing an estimated 30,000 hard-core users and
90,000 recreational users in Hawaii were ''reliable ballpark figures,''
noting that exact numbers are unavailable because of certain variables.

For example, he said ice is most often used in a ''binge and crash''
pattern, meaning that a habitual user's consumption over a long time period
would be more difficult to calculate.

He estimates that the 30,000 hard-core users consume as much as 117 pounds
of ice per day, an amount worth about $5.1 million.

Kubo blamed the increase of ice use in Hawaii primarily on a 1996 ruling by
the state Supreme Court that struck down the Honolulu Police Department's
''walk and talk'' drug interdiction program at the Honolulu International
Airport.

The program involved undercover officers approaching people whose actions or
appearance fit a profile. Officers would then strike up a conversation and
eventually ask to search their bags.

The high court's ruling that the program conflicted with the state
Constitution's search-and-seizure privacy clause opened up Hawaii to
increased drug trafficking, Kubo said.

''The henhouse was left unguarded and the foxes are fully aware of this,''
he said, adding that the state should amend its Constitution to allow for
the return of the program.

Kubo and state Attorney General Mark Bennett also recommended that lawmakers
revise Hawaii's wiretap law to conform to federal law, enabling state
prosecutions based on federally obtained evidence and more state
investigations.

Under Hawaii law, a request for a wiretap requires the appointment of an
attorney to represent the public interest and an adversarial hearing to
obtain a warrant.

The openness of such proceedings puts undercover officers at risk, Kubo and
Bennett said.

Bennett provided the panel with letters from attorneys general in 10 other
states, all of whom said that if Hawaii's law were in place in their states,
wiretaps would essentially stop being used.

''If Wyoming had a statutory framework like Hawaii's, we would not pursue
any state wiretaps,'' Wyoming Attorney General Patrick J. Crank wrote.

Nebraska Attorney General Jon Bruning wrote: ''If we had a similar
provision, it would eliminate the use of this very vital tool in drug
investigations.''

The panel also heard from members of the High Intensity Drug Trafficking
Area, a task force within the Office of National Drug Control Policy and
received a demonstration from the Hawaii Sheriff's Department's canine
inspection unit.

The House-Senate task force was formed in June to investigate and come up
with ways to combat the growing ice epidemic in Hawaii.

Gov. Linda Lingle and Lt. Gov. James ''Duke'' Aiona also have scheduled a
series of town hall-style meetings to hear from communities leading up to a
drug summit next month being convened to develop a strategy for dealing with
the state's drug problem.

On the Net: -- Hawaii State Legislature: http://www.capitol.hawaii.gov