Posted on 03/27/2008 6:29:39 AM PDT by E. Pluribus Unum
The lawyer for a man accused of being a major cocaine supplier for the Wichita Crips gang contends that a secret search of the man's house under the Patriot Act was illegal.
In a recent motion to suppress any evidence from the search, defense lawyer Charles O'Hara argued that the Patriot Act was meant for "serious matters involving national security," not drug cases like the one involving his client, Tyrone Andrews.
"I thought that this Patriot Act was something passed to protect us all from these terrorist acts, and it would be used very judiciously," O'Hara said Monday. "This doesn't seem to be one where these secret searches would be used."
Jim Cross, a spokesman for the U.S. Attorney's Office in Wichita, said the office "believes the evidence in this case was legally obtained."
"I think our legal arguments are clearly stated in the documents we have filed," Cross said. He said he couldn't comment further because the case is before a federal court.
A federal grand jury indictment released Dec. 21 accused Andrews, a 38-year-old aircraft plant worker, and seven other Wichita men of 48 counts of drug-related crimes including trafficking and conspiracy. The government seeks a forfeiture of $300,000 from Andrews.
In an affidavit filed in July seeking the search warrant, a federal agent said a secret search was necessary to protect evidence and to prevent suspects from fleeing or from intimidating witnesses.
The affidavit alleged the Crips gang has been involved in cocaine, crack cocaine and marijuana distribution in Wichita for "at least the past 15 years."
"Tyrone Andrews has been supplying various individuals in the gang with cocaine for many years, and is considered to be a major supplier of cocaine to the Crips..." the affidavit alleges.
The affidavit alleges that Andrews lived at one home but used a house on South Ridgewood as a drug "stash" house.
As part of the investigation, agents wanted to check the house to see whether electronic recording devices could be installed, the affidavit said.
Normally, investigators leave a copy of a search warrant and a receipt for items taken once a house is searched. But in the Andrews case, investigators obtained clearance to secretly search the house, which they did July 17, and not notify him until 90 days afterward, O'Hara said.
In the affidavit, the ATF agent contended that earlier disclosure to Andrews could "seriously jeopardize the investigation."
Another court document says that officers secretly entered the house and saw drug trafficking materials.
O'Hara said: "I don't know that I've seen a warrant like this before."
I’m shocked!
” defense lawyer Charles O’Hara argued that the Patriot Act was meant for “serious matters involving national security,” not drug cases like the one involving his client, Tyrone Andrews.”
Wonder is his attitude would change if Tyrone turned his daughter into a crack whore?
IF, not is....
Didn’t see this coming.
As far as I'm concerned, drug trafficers are terrorists. The bring violence to our nation and harm our people, the funds often trace back to terrorist or repressive activities around the world.
Well, at least they will never come for our guns. /s
“Wonder is his attitude would change if Tyrone turned his daughter into a crack whore?”
Probably, does that change his argument though? Either we have rights protected by the Constitution or we don’t. If the govt picks and chooses what rights they allow us to keep and which laws they obey themselves then we are not a free country.
Freedom is more important to me than the life choices somebody else makes for themselves.
To play devil’s advocate, at least they didn’t no-knock it, and kill someone.
If you want to stop the violence and the money flow, decriminalize it. People don’t shoot each other over booze - but they did during Prohibition.
Wonder is his attitude would change if Tyrone turned his daughter into a crack whore?
I think it is the parent's job to best ensure the daughter does not become a crack whore before adulthood.
Your question deviates from the subject and his statement. We do not want this camel to get its nose in the tent.
Drug traffickers are not terrorists but some terrorists do use drugs to finance their activities. To imply otherwise is to open the door wide for complete revocation of all natural rights enjoyed by Americans. We've spent billions on the war on drugs. The only answer law enforcement seems to have is that we have too many rights.
You must remember lawyers have two roles. If it turned his daughter then he would be a father and someone else would have to defend the criminal. It is all about money,common sense and justice plays not part into a lawyers livelyhood
or so called profession.The Criminal Justice System in America is a farce.
So are people who own guns. Ask any federal prosecutor who wants to take a run at a gun owner under the Patriot Act.
Like we all didn’t see this coming, eh?
How silly.
“As far as I’m concerned, drug trafficers are terrorists. The bring violence to our nation and harm our people, the funds often trace back to terrorist or repressive activities around the world.”
Nonsense. You apply this to drug traffickers, you start the slippery slope. Who’s next? Where will a president like Hillary Clinton or Hussein Obama apply this? The Patriot Act was intended to stop true terrorist acts like 9/11.
I have already seen some of these laws be used to go after things outside of terrorism. Once again, my libertarian streak proves itself right. The government should not be trusted with too much authority.
The Crips gang distributing drugs? Rev. Wright says it’s our government doing it.
Heh heh heh.
Would your attitude about the Constitutionality of the Second Amendment change if your daughter were shot?
The Constitution is evidently a "living document" when it suits you.
agreed..how long before someone that owns more than 3 firearms is considered a “terrorist” subject to knock and entry?
IMHO, this dirtbag needs to go down for his drug pedaling, but evidence could have been gained without using the Patriot Act..
In other words, the Patriot Act is like the Commerce Clause: it applies to everything.
Sounds like the defense attorney is simply defending his client in the press, where the Feds cannot respond.
Please sell another right down the drain. The cops are suppose to play be the rules otherwise they are no different than the criminals. To turn it around what if your house was searched using the PA secret search and they found kiddy porn on your computer that you did not even know was there. How would you feel now from your jail cell?
Agreed. They could have gone after the drug dealer the old fashioned way, and produced warrants, and then arrested the creep.
The Rico laws and now the Patriot Act are being used in ways that are completely antithetical to the Fourth Amendment.
So the govt should leave a calling card on the front door stating “we installed eavesdropping equipment in here, thanks XXXOOO your local FBI office”?
I would say of course not, there are other avenues to do that then appealing to the supposed “Tool to catch Terrorists” Patriot Act both I and II.
And thank goodness for the Govt’s acronymamania:
“Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism”
Or “USA Patrtiot Act”
I agree. I see a lot of speculation and conclusions being jumped to based on a defense lawyers comments.
This Patriot Act use for Law Enforcement is already out of hand. Too many articles have already documented this, and under 'our friend' Dubya and his DoJ no less. Imagine its abuse under ..... HILLARY.
'Heck', you argue with a LEO now and you can get charged with making 'Terrorist Threats'. Utter bullcarp.
You guys are right-what was I thinking. Guess I’ll go get my “SPITZER WAS RAILROADED!” t-shirt made up today./s
I can see where the Patriot act is needed-but in the wrong hands it will be very dangerous. So is it only to be used when large money transfers are conducted by people with Muslim names or should we just take our chances?
“Freedom is more important to me than the life choices somebody else makes for themselves.”
My pick for ‘Post of the day’.
I agree completely.
Scales and packaging, or the actual drugs? Either way, a liberal dusting of rat poison should be effective in slowing the trade. Enough "customers" dropping dead in the streets should give the others pause...
Much cheaper than prison sentences.
Some of those killed would be kids smoking a joint. Would that be ok with you? How about we rat poison beer as well? Many beer drinkers become alcoholics.
“As far as I’m concerned, drug trafficers are terrorists.”
So are gun owners, home-schoolers, conservative Christians, tax-protesters, etc.....
Once the “authorities” are granted power they will find a way to keep extending that power. They will always be asking for new “tools” for their “toolbox”.
As far as I know the Patriot Act allows law enforcement to conduct a search with a secret warrant. They do not have to inform the suspect until 90 days after the search. At that point the tell the suspect they were searched and what items were taken as evidence. If this secret warrant were determined to be unlawful then the search was conducted illegally and the evidence could not be used. I’m not a lawyer though so I could be off base.
Make some sense for terrorists but its being used for all kinds of crimes.
Once the “authorities” are granted power they will find a way to keep extending that power. They will always be asking for new “tools” for their “toolbox”.
Along with anyone who might disagree with the governments position. Federal, State, or local.
Don't forget caffeine it is a stimulant ya know. And we might as well put some in tobacco as well.
Yes, and fully funded with the proceeds of the assets they seize.
This is bad news.
Words mean things and we can't say that about home-schoolers, etc.
We can say it about drug traffickers because there've been too many cases where drug kingpins will spend money on some village to buy popular support and play a robin-hood game. The reverse happens when a terrorist group will raise money by expanding activities from kidnapping and getting money from Cuba and will go out an smuggle drugs.
It's true because we can name names and site dates: drug trafficking and terrorism go together. Not so with the other things you brought up.
“It’s true because we can name names and site dates: drug trafficking and terrorism go together. Not so with the other things you brought up.”
Since we can name names and sites can we also say cops and terrorism go together? I’m referring to crooked cops who sell drugs.
We both know that most terrorists either work directly in drugs or farm it out. Most drug dealers enforce their contracts with terror tactics such as drive-by killings.
We both know that most cops are honest.
We know the facts, but you're stuck on goofy.
We do? how do we know that.
We both know that most cops are honest.
Not cops who advocate suspension of the Constitution. That is what you are supporting.
We know the facts, but you're stuck on goofy.
Beware the man who says "I'm here from the Government and I'm here to help." There is nothing more goofy then to suggest we can trust our government with our rights.
Chill everyone.
This case revolves around the use of “sneek n peek” warrants. As explained by a couple of lawyers on the Wichita Eagle WeBlog those are nothing new.
They speculate that the attorney is just trying to stir crap to help get his client off.
Any attorneys here who can comment? Presecutors? It sounds like sneek n peak warrants are not exclusive to Patriot Act.
He’s lucky the Feds didn’t use the RICO laws.
Yes, because everybody knows there is an explicit controlled-substance exception to the Fourth Amendment written right into the Constitution.
No, everyone knows that a search warrant has to be approved by a judge.
Aren’t Federal and state narcotics laws sufficient to arrest and try the accused? Or is Fed.gov trying to push the juridical envelope to see how far they can go?
There fixed for you. Okay, maybe not for you, but for where it'll eventually head if this is allowed to stand.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.