-------------------------------------------------------------------

Police Act Cautiously With Search Law ('The Oregonian,'
In Its Characteristic Role As Public Relations Flak For Police,
Notes So Far, No Disasters Have Been Attributed To New State Law
That Went Into Effect October 4 Allowing Cops To Stop, Question,
Search Anyone They 'Have Reason' To Suspect Might Have Committed Crime
Or Could Be About To Commit Crime)

Date: Thu, 26 Feb 1998 03:21:37 -0800
To: mapnews@mapinc.org
From: Olafur Brentmar (peace@mind.net)
Subject: MN: US OR: Police Act Cautiously With Search Law
Newshawk: Phil Smith (pdxnorml@pdxnorml.org)
Source: Oregonian, The
Author: Stuart Tomlinson of The Oregonian staff
Contact: letters@news.oregonian.com
Website: http://www.oregonlive.com/
Pubdate: Mon, 23 Feb 1998

POLICE ACT CAUTIOUSLY WITH SEARCH LAW

Agencies approve policy for implementation, now are considering reporting
process

A new law that gives Oregon police agencies sweeping new powers to stop and
search suspects is in place, but agencies are moving cautiously to use it,
police officials say.

The first half of the law went into effect Oct. 4 and allows officers to
stop, question and search people they have reason to suspect might have
committed a crime or are about to commit a crime.

"This is a huge, a big change," Gresham Police Chief Bernie Giusto said.

Beginning July 1, the power expands to routine traffic stops, allowing
officers to search people they suspect are about to commit a crime and ask
any questions they think are necessary to ensure the safety of anyone
present.

Reasonable suspicion, according to the policy, is at the discretion of the
police officer and must be more than a hunch or feeling but may be less
than probable cause "necessary to make an arrest." In short, officers can
stop and frisk a suspected criminal based on their training and experience.

In justifying a stop, the law says, officers must be able to point to
specific facts, such as whether a person's clothing bulges, "in a manner
that suggests he or she is carrying a weapon."

The stop may not be motivated by "an officer's perception of the person's
race, color, sexual orientation or national origin."

Oregon law-enforcement officials say the law brings the state more in line
with laws nationwide.

"We're going to use it cautiously and specifically in places where there
are large gatherings and situations where crimes have been committed in the
past," Giusto said.

The law began as House Bill 2433, passing the House 39-20 and the Senate
20-9. Gov. John Kitzhaber approved it during the summer.

State Sen. Randy Leonard (D-Portland), past president of the Portland
Firefighter's Association, had been ready to vote against the measure but
decided to sponsor it in the Senate after Kenneth Bryan Shanafelt, 39, of
Vancouver, Wash., was shot and killed in June in downtown Portland.

"I had deep concerns about the bill and was leaning against it," Leonard
said. "I was afraid that it would be used to stop someone for `driving
while Hispanic.'¦"

Opponents said the law might let officers search people solely based on
skin color or appearance.

But Leonard said he has faith in police to act properly.

Police had stopped the man arrested in Shanafelt's shooting earlier that
night, before the shooting, as he walked with a group of other men.

But officers, operating under the old law, could not even ask whether he
was carrying a gun.

"Now they can," Leonard said. "Maybe this law would have saved Shanafelt's
life."

David Fidanque, executive director of the American Civil Liberties Union of
Oregon, said the law is ripe for the kind of abuses that can occur in civil
forfeiture cases, where drug money or property is seized from suspected
drug dealers.

"What we saw were large seizures of cash from people with Hispanic names,"
Fidanque said. "We looked at the records of six Oregon State troopers and
the civil forfeiture arrests they made during an 18-month period. What we
found is that if you were Hispanic, you were 20 times more likely to be
stopped and searched than white drivers - that's what we want to avoid."

Leonard said that if the law is abused, he'll be the first to see that it's
rescinded.

Part of the law required police agencies to adopt a written policy by Jan.
31 on how best to implement the law and to give officers strict guidelines.

The Governor's Public Policy Council examined the new law based on two
parts. First was the policy issue and how it was implemented, but it was
left up to the agencies to put specifics on paper.

Second was a system requiring each agency to submit reports to the
Legislature annually on how the law is implemented, including complaints or
grievances filed by citizens who were stopped to make sure the law is not
abused.

That process is under way.

Diverse Group

McMinnville Police Chief Rodney Brown is on the council with
representatives from the American Civil Liberties Union and civil rights
organizations.

"It's a diverse group of individuals, with more civilians than police
officers," Brown said. "We reviewed case law from around the country that
helped clarify and made formal what actions the officers could take in the
field."

Agencies will have until March 1, 1999, to make their first report to the
Legislature.

The collecting of data is going to be the hardest part of implementing the
new law, said Capt. Bill Bennington, head of the Portland Police Bureau's
internal affairs division.

"There are at least 1 million traffic stops a year in Oregon, and obviously
you can't collect data on all of them," Bennington said. "So the collecting
will be complaint driven . . . and we already have a complaint procedure in
place. Most agencies don't."

Christopher Williams, acting executive director for the Oregon Commission
on Hispanic Affairs, said the biggest issue concerning the new law is to
make sure that it's not being used inappropriately and that officers who do
abuse it are disciplined.

Complaints A Sticking Point

"We would rather have seen it not passed," Williams said. "The other
problem is the fiscal impact - if collecting the data is done correctly
it's going to be expensive, but funding it was not part of the law."

Williams, who is also on the council, said he has been pushing to enlist
the help of Latino groups statewide to act as liaisons for those who want
to complain to the police that the law was used unjustly. Police on the
board have resisted that effort.

"The trust level is not there," Williams said. "A sticking point is how to
get the complaints to the police . . . we're all holding our breath to see
how it comes out."

The written policy on how officers used the law was adopted three weeks ago
by police agencies statewide. In Gresham, officers have been trained in how
to implement the law and were briefed by members of the Multnomah County
District Attorney's office.

Portland officers have received in-service training on the new law, and at
least five general orders based on the new law are being changed,
Bennington said.

"For a large agency such as the Portland Police Bureau or us, it's a bit
easier to collect the data,"

Giusto said. "It's a matter of resources for the smaller agencies - they
don't have the money or the time to do it properly."

Marion County District Attorney Dale Penn, as a member of the Oregon
District Attorneys Association, was instrumental in getting the bill before
the Legislature. Despite the concerns, he sees it as a way to avert
dangerous situations on the streets.

"It's a tool to stop crime before it starts," Penn said.

-------------------------------------------------------------------

Five Arrested In Black-Tar-Heroin Bust ('Seattle Times' Notes
King County Sheriff's Deputies Seized What They Said Was $500,000 Worth
Of Smack And Made Five Arrests Late Saturday In Federal Way, Washington,
After Four-Year Investigation Helped By Informants Already In Custody)

From: "W.H.E.N." 
To: "-Hemp Talk" 
Subject: HT: Puget Sound - Five arrested in black-tar-heroin bust
Date: Mon, 23 Feb 1998 18:13:19 -0800
Sender: owner-hemp-talk@hemp.net

Copyright (c) 1998 The Seattle Times Company
Posted at 02:46 a.m. PST; Monday, February 23, 1998
Five arrested in black-tar-heroin bust
by Hugo Kugiya 	Seattle Times staff reporter

Helped by information provided by suspects already in custody, King County
sheriff's deputies seized what they said was $500,000 worth of black-tar
heroin and made five arrests late Saturday in Federal Way.

The drug bust was a result of a four-year investigation into the
distribution of heroin in King County, officials said.

Armed with two search warrants, police acted on information that confirmed
a drug shipment was arriving this weekend in Federal Way at a location they
had suspected for some time.

At about 10 p.m., police arrested four men and one woman at an apartment
building in the 32100 block of 18th Avenue Southwest. They recovered the
heroin from a car parked at a house in the 28700 block of 14th Avene South.
More than 8 pounds of heroin was found packed in the engine compartment of
the car.

All those arrested, who live in Federal Way, were booked into the Regional
Justice Center in Kent.

Sheriff's spokesman Robert Thompson said the black-tar heroin, the most
common form of the drug in this state, probably came from Mexico.

The amount is considered large for a single bust and suggests the suspects
could be middle- to upper-level drug dealers, Thompson said.

In 1994, 4 pounds of heroin was recovered from a drug bust in Puyallup.

Introduced to the United States in the mid-1980s, black-tar heroin can be
snorted or injected. In street form, it is hard and tar-like and resembles
Tootsie Rolls. It is often low-priced and as much as 90 percent pure.

Hugo Kugiya's phone message number is 206-464-2281. His e-mail address is:
hkug-new@seatimes.com

-------------------------------------------------------------------

`Morning After' Pills Don't Need A Prescription ('Seattle Times'
Says First Program Of Its Kind In US Benefits Women In Puget Sound)

From: "W.H.E.N." 
To: "-Hemp Talk" 
Subject: HT: `Morning after' pills don't need a prescription
Date: Mon, 23 Feb 1998 18:09:48 -0800
Sender: owner-hemp-talk@hemp.net
Copyright (c) 1998 The Seattle Times Company
Posted at 07:28 a.m. PST; Monday, February 23, 1998
`Morning after' pills don't need a prescription
by Warren King 	Seattle Times medical reporter

Women in the Puget Sound area now can obtain "morning after" contraceptive
pills without a prescription. The program is the first of its kind in the
nation.

Sponsored by government and private organizations, the project allows
pharmacists who follow physician guidelines to dispense standard
birth-control pills in high doses, to be taken within 72 hours of
intercourse.

"We think emergency contraceptive pills are a great way to decrease
unintended pregnancies and to decrease the need for abortions," said Susan
Hutchings of the Program for Appropriate Technology in Health (PATH), one
of the five collaborators in the project.

The project follows advertising campaigns in five cities last summer by
another coalition to increase awareness of emergency contraception. The
campaign began after the federal Food and Drug Administration approved such
use of the pills a year ago.

Under the new program, women may call a toll-free number (1-888-NOT-2-LATE)
or access a Web site (http://opr.princeton.edu/ec/) to learn where the
pills are being dispensed. The number and Web site now list clinics that
will prescribe the pills on an emergency basis; pharmacists will be listed
by Wednesday.

Participating pharmacists have agreements with a physician, physician's
assistant or nurse with prescribing authority to follow certain
prescription guidelines that are filed with the State Board of Pharmacy.

40 pharmacies are in

About 40 pharmacies from Bellingham to Olympia are participating, but women
using the service also may be referred to physicians or clinics, if they
wish.

Program officials estimate emergency contraceptives could prevent about a
half of the 56,000 unintended pregnancies in Washington state each year.
About 25,000 abortions are performed in the state annually.

"We hope that over time, pharmacists statewide will participate in the
program," Hutchings said.

The pills are prescribed at two to four times their normal dose, depending
on the brand. The dose is repeated 12 hours later.

If the pills are started within 72 hours of intercourse, they are 75
percent effective, experts say.

Hutchings said the pills cost $25 to $40; health-insurance companies
generally do not cover the expense.

Side effects minimal

The FDA says the pills carry no serious side effects, although a day or so
of nausea is common. Studies have not shown any harm to a fetus from the
drugs if they are taken inadvertently early in a pregnancy.

Emergency contraception works in one of three ways, according to fertility
experts.

If the pills, containing the hormones estrogen and progesterone, are taken
within about two days of ovulation, they will prevent release of the eggs
from the ovary.

During this time, progesterone also will cause mucus in the cervix to
become so thick that sperm cannot penetrate it.

If the egg is fertilized in the fallopian tube, the drugs will prevent its
movement into the uterus and the egg will be absorbed by the body. If the
egg does make it into the uterus, the drugs prevent it from implanting in
the uterine wall.

RU-486 works differently

The drug regimen works differently from the RU-486 abortion pill, which
causes a fetus to be expelled from the uterus. RU-486 still has not been
approved by the FDA.

Anti-abortion groups have opposed both methods, saying that interfering
with a fertilized egg or fetus at any stage is wrong.

Called the Emergency Contraception Pharmacist Pilot Project, the program is
sponsored by the Washington State Pharmacy Association, University of
Washington Department of Pharmacy, Washington State Board of Pharmacy and
Elgin DDB, an advertising agency.

It is financed by a grant from the David and Lucile Packard Foundation, a
private organization interested in reproductive health.

Warren King's phone message number is 206-464-2247. His e-mail address is:
wkin-new@seatimes.com

-------------------------------------------------------------------

Marijuana Ban To Remain In Force ('Honolulu Advertiser'
Reviews Recent Hawaii Supreme Court Ruling
That The State's 1978 Constitutional Amendment Protecting Privacy
Does Not Protect Smoking Of Marijuana For Recreational Purposes -
The Court Left The Door Slightly Ajar, However, For Allowing Marijuana
For Medical And Religious Uses)

Date: Wed, 25 Feb 1998 03:02:21 -0800
To: mapnews@mapinc.org
From: Olafur Brentmar 
Subject: MN: US HI: Marijuana Ban To Remain In Force
Sender: owner-mapnews@mapinc.org
Newshawk: Donald M. Topping
Source: The Honolulu Advertiser
Author: Ken Kobayashi Advertiser Court Writer
Contact: 76322.2016@compuserve.com
Pubdate: Tue, 23 Feb 1998

MARIJUANA BAN TO REMAIN IN FORCE

A recent Supreme Court ruling did not legalize recreational smoking of
marijuana. However, the high court left open the possibility of legalizing
the drug for medicinal or religious purposes.

Honolulu attorney Jack Schweigert boldly predicted two years ago that the
Hawaii Supreme Court would strike down state marijuana laws.

The basis for the action, he predicted, would be a 1972 landmark decision
and Hawaii's 1978 constitutional amendment protecting rights of privacy.

But after considering one of the Schweigert's former cases for more than
four years, the court last month dashed the hopes of marijuana advocates.

The case produced three separate opinions, but the court held that the
privacy amendment does not protect smoking of marijuana for recreational
purposes. The court left the door slightly ajar, however, for allowing
marijuana for medical and religious uses.

An analysis of the opinions indicates that Hawaii courts won't overturn
state laws making marijuana smoking illegal in the foreseeable future.

University of Hawaii constitutional law Professor Jon Van Dyke, said the
privacy amendment had been the "best hope for the time being."

The only other state to overturn marijuana laws on the basis of
constitutional privacy provisions is Alaska, where the state Supreme Court
ruled in 1975 that the state constitution protects the right to smoke
marijuana in one's home.

Schweigert was the trial lawyer for Lloyd Jeffrey Mallan, 54, of the Big
Island, who in 1990 was fined $50 for smoking marijuana in a car at the
Waikiki Shell parking lot. Mallan was a Libertarian candidate for Congress
at the time.

The Public Defender's Office handled the appeal, citing the privacy
amendment and a "right to be left alone" in challenging the conviction.

There appeared to be a basis for the argument.

Defining Privacy

The Hawaii Supreme Court traditionally has recognized and expanded the
rights of native Hawaiians, members of the public and criminal defendants.

The court flirted with the idea of striking down marijuana laws with the
1972 decision in which it upheld the statutes and affirmed the conviction
of Paul Kantner, a guitarist with Jefferson Airplane, for marijuana
possession during a visit. But the vote was 3-2.

Two justices said they believed an implicit right of privacy established in
the state constitution permits one to smoke marijuana.

In 1978, voters ratified an amendment adopted by a constitutional
convention in which that privacy right was made explicit: "The right of the
people to privacy is recognized and shall not be infringed without the
showing of a compelling state interest."

Since then, the high court has wrestled with defining the parameters of
that amendment.

Justices in 1988 cited the provision in striking down Hawaii's laws against
pornography. Five years earlier, however, the court refused to recognize a
right of privacy to allow a person to engage in prostitution at home. It
also has refused to base its same-sex marriage decision on the amendment,
ruling instead that state laws banning such marriages violate
equal-protection provisions.

When the court received the Mallan case in 1993, it got its first chance to
address whether the amendment protects marijuana possession.

A Lone Dissenter

As months, then years, passed, city prosecutors worried the court would
rule against them, while marijuana advocates speculated that the court
would overturn state laws.

On Jan. 30, however, the five justices voted 4-1 to affirm Mallan's
conviction.

Associate Justice Mario Ramil, who was joined by Chief Justice Ronald Moon,
reasoned in a 36-page opinion that the amendment protects activity deemed
fundamental to traditional concepts of liberty. Prostitution and smoking
marijuana do not qualify, he wrote, though the First Amendment rights of
free speech and free press put pornography in a different category.

Ramil rejected the suggestion that the court follow the Alaska Supreme
Court's reasoning, noting that the case is not binding on the Hawaii
Supreme Court. Courts in Arizona, California, Florida, Washington and
Michigan also have rejected the notion that marijuana smoking is protected
under the rights to privacy.

Criticizing previous decisions upholding marijuana convictions, Steven
Levinson concluded that while the state's police powers are limited to
regulating harmful conduct, the privacy amendment grants people a "right to
be left alone." He saw Mallan's right to the privacy to smoke marijuana as
conflicting with government's power to regulate drugs.

Little Change Anticipated

Ramil wrote that Levinson appears to be advocating "judicial legislation"

while Klein wrote that he could not agree with Levinson's "unbridled
interpretation" of the privacy amendment. Both contended that adopting
Levinson's position would lead to legalizing nearly all contraband drugs in
the home or any private place.

With Levinson as a minority of one, it's doubtful that marijuana will be
legalized for recreational use. The state House Health Committee killed a
bill that would have permitted marijuana use for medical reasons - the only
major piece of marijuana legislation pending this session.

A POTENTIAL WINDOW Some marijuana advocates, however, see a glimmer of
hope in Ramil's opinion. He stressed that the court's decision deals only
with marijuana smoking for recreation, not for other purposes.

"They left the door open for others to challenge the tyranny of the law,"

said Mallan, a writer and photographer, who, while disappointed that his
conviction was upheld still considers the ruling to be a significant step
forward for advocates of marijuana use.

Schweigert currently is representing Big Island resident Dennis Shields of
the Religion of Jesus Church in challenging a conviction of marijuana
possession. According to Schweigert, Shields contends that using marijuana
is an important part of the religion and enables the followers "to
communicate with God."

Schweigert, who ran as a 1992 Libertarian candidate for mayor, also said
the Shields case involved marijuana found in the home rather than in a car
in a parking lot.

"It's so very important that they allow marijuana in the home," he said.

"It stands for the benchmark of freedom. If they start taking away what a
person can do in the privacy of the home, I guess with that same philosophy
they can ban peanut butter."

-------------------------------------------------------------------

Police Hoods Violate Court Order, Judges Say - Officers' Practice
Protecting Themselves By Wearing Hoods Over Their Faces
Is Seen By Some As Intimidation ('Wichita Eagle' Says In Recent Cases,
Two Sitting Judges Have Found That Police In Wichita, Kansas,
Violated The Court Order On Three Separate Occasions, But In Each Case,
The Judges Opted Not To Hand Down Any Sanctions)

Submitted by: Debby Moore, Founder
Kansas Environmentalists for Commerce in Hemp
dba Hemp Industries of Kansas
Kansas State Lobbyists for Cannabis Law Reform
High times Freedom Fighter August 1994
National Registry of Who's Who of America
2742 E. 2nd
Wichita, KS, 67214
(316) 681-1743
hemplady@feist.com
Research Data Base on Industrial & Medical Cannabis at:
http://www.feist.com/~hemplady

***

This is the story of an on going case that is of special interest to me
because I am one of the five cases mentioned in the article. My
attorney is Charles O'Hara. If I lose this case, I ultimately could be
sentenced to 40 years in prison through Kansas Hard Forty Mandatory
Sentencing Laws. My case began on March 20, 1996 when law enforcement
raided the educational and political action headquarters office of
Kansas Environmentalists for Commerce in Hemp and confiscated my
computer and files. See notes from police reports regarding wearing
hoods and masks on the raids of March 20, 1996 and April 2, 1996, shown
at the end of the following newspaper article.

I apologize that it has taken me so long to submit this article, but I
have been lobbying at our state capital, and I am employed at a full
time job.

***

(Article is captioned by the picture of man in mask with this statement
underneath. Note that anyone can purchase goods, including masks at
Baysinger.) An employee at Baysinger Police Supplies models a hood that
the store sells to some law enforcement officers for protection.

The Wichita Eagle
February 23, 1997
By Lori Lessner

"Police hoods violate court order, judges say"

* Officers' practice protecting themselves by wearing hoods over their
faces is seen by some as intimidation.

The woman, pregnant with twins, was resting in bed when she heard the
pounding on the front door. A moment later, a group of men wearing
black hoods burst into the living room.

"I thought, 'What is this? A new way to rob houses?' the woman said.

That fear was not dispelled even after the men identified themselves as
officers of the Wichita Police Department, there to serve a drug-search
warrant on her husband.

"I didn't know what to think," said the woman, who is not identified
here because she has not be accused of a crime. "The first guy was in
jeans and a button-up shirt and looked like a random guy off the street
- not a cop. And even though they said they were the police, they had
ski masks on."

The masks, know as balaclavas, are sometimes worn by undercover
officers who enter homes with search warrants. Police said the hoods,
which cover the face and head except for the area around the eyes,
protect officers from being identified and possibly targeted by
criminals for revenge.

But some judges and defense lawyers said the way police are using the
hoods is in open defiance of a court order that was designed to protect
people's right to reasonable searches and to know who their accusers
are.

Wearing hoods as a routine matter "is constitutionally and legally
wrong," Keith Sanborn said when issuing the court order six years ago.
He is now retired and said in a recent telephone interview that he
stands by his order.

The order is still in effect because it has never been appealed," he
said.

The order, with only limited exceptions, requires all law enforcement
agencies in Sedgwick County to notify the judge issuing a search warrant
that they are planning to use hoods. The agencies also are supposed to
say how the hoods would protect them, other than to hide their identity.

In recent cases, two sitting judges have found that the Wichita police
violated the court order on three separate occasions.

However, each time, the judges opted not to hand down any sanctions and
ruled that the violation did not justify throwing out the evidence that
was gathered by the hooded officers.

The district judges, Joseph Bribiesca and James Fleetwood, declined to
comment because the cases may be appealed.

Police Chief Mike Watson also declined to comment on the cases, but
vehemently defended the use of the hoods as a way to protect his
officers.

Across the nation, law enforcement agencies are split on the practice
of wearing hoods. Police departments in Oklahoma City and Omaha use
them, as does a task force made up of officers from three Florida
agencies - the Volusia County Sheriff's Department and the Edgewater and
New Smyrna Beach police departments.

But in Kansas, Wichita police are somewhat alone in wearing hoods.

Agencies that don't do it include the Bureau of Alcohol, Tobacco and
Firearms, the Drug Enforcement Agency, the Kansas Bureau of
Investigation, the Sedgwick County Sheriff's Department and the Kansas
City Police Department. To protect the identity of their undercover
investigators, those departments have other officers serve the warrants.

Some of those agencies only allow facial coverings when there is a
physical threat to the officers - allowing them, for example, to wear
flame-retardant hoods when searching drug labs containing flammable
chemicals.

In Wichita, the harshest critics of hoods are defense attorneys who
said they are being used not as a legitimate tool to protect officers,
but as a way to harass and intimidate suspects and their families.

"Invading people's homes wearing hoods in the middle of the night can
be very scary," said attorney Charles O'Hara. "What is the purpose,
other than intimidation?"

O'Hara is representing five defendants in drug cases involving hooded
searches, and another lawyer, Jay Greeno, is representing one. Both
have filed motions accusing the Police Department of violating the court
order.

"I'd be disbarred if I didn't follow a judge's rules," O'Hara said.
"But the police have gotten around the rules with little things like
sending the first person into a home without a hood, and then having
everyone else wear them."

Greeno scoffs at the Police Department's justification that using hoods
is necessary to protect the officers.

"It's hogwash that with 780 officers, they can't find officers to do
the raids besides those who do undercover work," he said. "Why don't
you just send regular patrol officers in? No one would care about their
identity."

But Doug Roth, Sedgwick County deputy district attorney, said using the
same officers help prosecutors when the case ends up in court.

"It can make things simpler for juries because we don't have to call as
many witnesses," he said.

O'Hara and Greeno say they have few remaining options for pushing the
issue. Legal scholars agree.

Had the police broken the law by wearing the hoods, the judges would
have been required to impose a punishment, say Ray Spring, a law
professor at Washburn University. But because they violated only a
court order, judges are not required to do anything more than make their
disapproval known.

The lawyers could ask that the judges find the undercover officers in
contempt of court. But O'Hara said it would be unfair to punish
officers for doing what supervisors told them to do.

They also could sue for civil rights violations, but O'Hara said he
doubts that would work because juries unusually are not sympathetic to
drug users.

Police said they take steps to ensure suspects' rights are not being
violated. Wichita officers always announce themselves before entering a
home, as required in a U.S. Supreme Court ruling. And they wear
distinctive jackets or shirts that make them identifiable as police
officers.

The defense attorneys and Sanborn say that is not always enough.

"If you're serving a search warrant authorized by the court, people
have a right to know who you are," Sanborn said.

But Roth, the deputy district attorney, contends that Sanborn's 1992
order was too sweeping in that it prohibits all law enforcement agencies
in Sedgwick County from doing something. The judge did not have the
authority to do this, Roth said, because none of the agencies were
parties in the case. The State of Kansas was the plaintiff, and Wichita
police officers were witnesses.

He said the wearing of hoods is a question of reasonableness under the
law and should be addressed case by case.

The technicalities of the legal arguments are little comfort to the
woman who was in bed when the police came in. She said they barged
through her house, overturning dresser drawers and frightening her
children, ages 2 and 7.

The officers did not show badges, she said, and searched the house for
an hour and a half before presenting her with the search warrant.
Uniformed officers arrived after that.

Police left with a small amount of marijuana. The charges against her
husband stem mainly from drugs discovered at another location, O'Hara
said.

A judge has yet to be assigned the case, but O'Hara already has filed a
motion to suppress the drug evidence. If the motion is denied like the
others before it, O'Hara said he won't give up.

"The judges see that the hoods are wrong, so we've won the battle -
just not the war," he said.

-------------------------------------------------------------------

Anton Rosenberg, The Hipster Ideal Artist Was An Icon Of 1950s Atmosphere
In Greenwich Village (Obituary In 'San Jose Mercury News' Says Man Who Became
Julian Alexander In Jack Kerouac's Novel, 'The Subterraneans,'
Another Character In William Burroughs' 'Junkie' Was A Storied
Sometime-Artist And Occasional Musician Who Embodied The Ideal Of Cool
With Such Determined Detachment That He Never Amounted To Much
Of Anything)

Date: Tue, 24 Feb 1998 11:45:44 -0800
To: mapnews@mapinc.org
From: jwjohnson@netmagic.net (Joel W. Johnson)
Subject: MN: US: Anton Rosenberg, The Hipster ideal Artist Was An Icon of 1950s Atmosphere in
Greenwich Village
Sender: owner-mapnews@mapinc.org
Newshawk: Marcus-Mermelstein Family
Source: San Jose Mercury News (CA)
Contact: letters@sjmercury.com
Pubdate: Monday, February 23, 1998
Our Newshawk writes: "Read this one through to the end!"

ANTON ROSENBERG, THE HIPSTER IDEAL ARTIST WAS AN ICON OF 1950'S ATMOSPHERE IN GREENWICH VILLAGE

New York Times NEW YORK -- Anton Rosenberg, a storied sometime-artist and
occasional musician who embodied the Greenwich Village hipster ideal of
1950s cool to such a laid-back degree and with such determined detachment
that he never amounted to much of anything, died Feb. 14 at a hospital near
his home in Woodstock, N.Y.

He was 71 and best known as the model for the character Julian Alexander in
Jack Kerouac's novel ``The Subterraneans.'' The cause was cancer, his
family said.

He was a painter of acknowledged talent, and he played the piano with such
finesse that he jammed with Charlie Parker, Zoot Sims and other jazz
luminaries of the day.

But if Mr. Rosenberg never made a name for himself in either art or music
-- or pushed himself to try -- there was a reason: Once he had been viewed
in his hipster glory, leaning languidly against a car parked in front of
Fugazzi's bar on the Avenue of the Americas, there was simply nothing more
he could do to enhance his reputation.

For as Kerouac recognized, Mr. Rosenberg in his 20s, a thin, unshaven,
quiet and strange young man of such dark good looks that he was frequently
likened to the French actor Gerard Philipe, was the epitome of hip, an
extreme aesthetic that shunned enthusiasm, scorned ambition and ridiculed
achievement.

Going underground

It was Kerouac's friend Allen Ginsberg who discovered Fugazzi's and its
coterie of hipsters of such bedrock cool that he dubbed them the
subterraneans, a term Kerouac adopted as the title of his book published in
1958.

Like other Kerouac works, the book, which was written in 1953, is the most
thinly disguised of fictions, one whose most striking deception was
shifting its locale from New York to San Francisco to protect the publisher
from any libel action by the very real Greenwich Village regulars who
populated its pages under fictitious names. To Kerouac, they were cynosures
of cool.

``They are hip without being slick,'' he wrote. ``They are intelligent
without being corny, they are intellectual as hell and know all about Pound
without being pretentious or talking too much about it, they are very
quiet, they are very Christlike.'' As for Mr. Rosenberg, or Julian
Alexander, as he was called, he was ``the angel of the subterraneans,'' a
loving man of compelling gentleness, or as Kerouac put it: ``Julian
Alexander certainly is Christlike.''

Bohemian origins

By the time he made the Greenwich Village scene, Mr. Rosenberg, a native of
Brooklyn whose father was a wealthy industrialist, had served a year in the
Army, studied briefly at the University of North Carolina and spent a year
in Paris, ostensibly studying art on the GI Bill but in reality soaking up
the Left Bank bohemian atmosphere and haunting the Cafe Flore and the Cafe
Deux Magots with James Baldwin, Terry Southern and other incipient icons of
American cool.

Back in New York by 1950, Mr. Rosenberg opened a print shop on Christopher
Street and plunged into the hip world centered on the San Remo at Bleecker
and Macdougal Streets.

He lived for a while in the East 11th Street tenement Ginsberg called
Paradise Valley and had such an instinct for future chic that he was one of
the first artists to move to an industrial loft in a bleak neighborhood
below Canal Street years before it became the fashionable TriBeCa.

In a different life, Mr. Rosenberg might have used the loft to turn out
masterpieces. But as an ultimate hipster he had other priorities, which
became apparent one famous Halloween night when the crew, alerted to a
shipment from Exotic Plant Co. of Laredo, Texas, peeled off from the San
Remo and congregated in the loft for an all-night peyote party cum jam
session.

Hip -- and often high

Drugs, of course, were more than an accouterment of hip. They were its very
essence. And while marijuana, then an exotic drug used only by jazz
musicians, was universal among the stoned cool hipsters, it was heroin that
set the subterraneans apart.

Mr. Rosenberg, who appears as a character in William Burroughs' book
``Junkie,'' was an addict for most of his adult life, which might help
explain why he never made a name for himself in art or music or held a
regular job after his print shop failed in the 1960s.

Fortunately, Mr. Rosenberg, whose survivors include his wife, Joan, and a
brother, Ross, of Orlando, Fla., had the foresight to marry a schoolteacher
so enamored of his charming, creative ways that she cheerfully supported
the family while Mr. Rosenberg continued to paint, play music and amuse his
friends and family.

He also served as a surprisingly effective role model for his three sons:
Shaun, a Manhattan restaurateur who owns Orson's on Second Avenue; Matthew,
a computer consultant from the Bronx, and Jeremy, of Manhattan, a New York
City police detective who specializes in drug enforcement.

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Miss Montana Wears Hemp! (Perhaps Even More Surprising,
Director Of Montana USA Pageants Tracks Down Washington State Hemp Activist
To Tell Him About It)

Date: Mon, 23 Feb 1998 10:08:38 -0800 (PST)
From: Robert Lunday 
To: hemp-talk@hemp.net
Subject: HT: Miss Montana wears hemp!
Sender: owner-hemp-talk@hemp.net

--- Forwarded message ---
Date: Mon, 23 Feb 1998 11:01:03 -0700
From: "Hirata, George, Carol, Michael and Marnie" (4inco@frii.com)
To: robert@hemp.net

Hello

I found you via a search through Alta Vista.

What I wanted to tell you is that Miss Montana USA will compete for the
title of Miss USA on March 10, televised on CBS. Her gown has been
designed by Victor Stapleberg of Hong Kong, and is made from Industrial
Hemp and silk. Watch for Miss Montana USA, and pass on the news!

Regards,

Carol Hirata

Director, Montana USA Pageants

***

Date: Thu, 26 Feb 1998 09:03:00 -0800 (PST)
From: Robert Lunday (robert@hemp.net)
To: hemp-talk@hemp.net
Subject: HT: Montana/hemp (fwd)
Sender: owner-hemp-talk@hemp.net
-- Forwarded message --
Date: Thu, 26 Feb 1998 09:33:43 -0700
From: "Hirata, George, Carol, Michael and Marnie" (4inco@frii.com)
To: robert@hemp.net
Subject: Montana/hemp

A few days ago I mentioned that Miss Montana USA was going to wear a
gown made of hemp....one thing I forgot to tell you is that you can view
her photo by going to the Miss USA web site (www.missusa.com) You can
also vote for the photogenic winner there.. We would appreciate a vote
for Miss Montana, and also spread the word. Let's give Montana some
publicity!

Thanks
Carol

P.S. I forgot to mention that I would be happy to provide anyone with a
photo of Miss Montana USA wearing her hemp gown if anyone requests it.
Please let me know. Thank you!

>From the missusa.com website...Miss Montana's biggest challenge:

The biggest challenge for me has been to manage a physical handicap. I was
diagnosed with rheumatoid arthritis in 1994. My knees, ankle and toes were
the afflicted joints, thus limiting my ability to perform some physical
activities. At the time of diagnosis I had recently been chosen for the
University of Montana Cheer Squad. I have always been an active person,
and decided I had worked too hard in becoming a collegiate cheerleader to
let this stand in my way. I proceeded to learn all I could about the
causes and treatments for arthritis. I tested different types of
traditional treatments, tried several homeopathy cures, and pursued
various exercising routines. I have never given up physically or mentally
and am participating in activities I once thought I could never do.

-------------------------------------------------------------------

High Time ('North Shore News' In Vancouver, British Columbia,
Notes Return Home Of Olympic Gold Medal-Winning Snowboarder Ross Rebagliati,
Observing That With Rebagliati Being Claimed As Poster Boy
By Both Pro-Marijuana And Anti-Marijuana Advocates, It's High Time Canadians
Engaged In A Worthwhile Debate On The Issue Of How Canadian Society
Treats The Weed And Those Who Smoke It)

From: creator@islandnet.com (Matt Elrod)
To: mattalk@listserv.islandnet.com
Subject: Canada: Editorial: High Time
Date: Thu, 26 Feb 1998 12:44:57 -0800
Newshawk: creator@mapinc.org
Source: North Shore News (Vancouver)
Contact: editor@nsnews.com
Pubdate: Feb. 23, 1998

HIGH TIME

WHISTLER welcomed home its Olympic hero on Tuesday. Snowboarder Ross
Rebagliati brought home more than gold following the run of his life
at Nagano. The controversy ignited by the discovery of 17.8 billionths
of a gram of marijuana in his system has sparked a worthwhile debate
on the issue of how Canadian society treats the weed and those who
smoke it.

Naturally there are strong opinions to be found on either side of the
issue.

The RCMP for example ventured into the fray this week with a press
release headlined "Straight facts about marijuana that every parent
should know."

Despite some mainstream medical information to the contrary, the
police perspective is relentlessly bleak. Among the police-sanctioned
facts: marijuana users are six times more likely to develop
schizophrenia or other mental illnesses than are non-users; the tar in
marijuana cigarettes is 50% to 100% greater than that of tobacco;
studies suggest marijuana is more addictive than alcohol.

Meanwhile, decidedly police-friendly organizations like North
Vancouver District council are on record urging the B.C. Union of
Municipalities to support the decriminalization of pot possession and
use.

In typically Canadian fashion, our broader collective ambivalence is
revealed sharply when one looks at how Ross is being received back on
his home turf.

He is being claimed as a poster boy by both pro-marijuana and
anti-marijuana advocates. It's high time we talk about pot.

-------------------------------------------------------------------

Ross Has The Chance To Be A Real Winner (Letter To Editor
Of 'Vancouver Sun' Urges Olympic Snowboarder Who Supposedly Tested Positive
For Pot To Urge Children Not To Use Illegal Drugs)

Date: Mon, 23 Feb 1998 12:03:40 -0800
To: maptalk@mapinc.org
From: Pat Dolan 
Subject: Ross has the chance to be a real winner
Cc: mattalk@islandnet.com
Newshawk:Pat Dolan
Source: The Vancouver Sun		
PubDate: Feb 23 1998
Section: Forum Page A11
Contact: sunletters@pacpress.southam.ca
Website: http://www.vancouversun.com

(Note: The authors are former olympic alpine and freestyle skiers. So, on
guard! pd)

Ross has the chance to be a real winner

At a time when young people don't know right from wrong, Ross Rebagliati
has a golden "teachable moment" in which he could make it clear drug use
is not acceptable.

As former World Cup skiing athletes we fel compelled to voice our
perspective on Ross Rebagliati's drug test.

First, congratulations to Ross on his win. We understand that marihuana is
not a performance enhancing drug. However, as athletes, we were also
extremely disappointed at the presence of illegal drugs in Ross's system.

Although Ross's victory stands and he has his medal back, the situation
still leaves a number of "losers" in its wake.

Ross is actually the first one to lose since his reputation has been sullied.
Rather than basking in the glory of his Olympic moment, he will forever be
remembered by this incident rather than by his considerable devotion to
training, hard work and performance excellence.

The second "loser" is the sport of snowboarding. Parents everywhere are
left thinking they don't want their kids involved in the sport if marijuana
is part of the snowboarrding environment.

Next on the list is Whistler and Blackcomb, whose slogan for being the
"mile high" mountain has taken on a whole new meaning.

We found it interesting that the press which covered the reaction in
Whistler went first to the bars rather than to those who have worked so
hard to make that community what it is today or to those who have worked
with Ross to make him the athlete that he is.

Finally, and most importantly, those who will srffer the greatest loss will
be our young people who, in very simplistic terms, will see a high-profile
athlete who used illegal drugs and still has everyone's support.

Commentators, leaders and athlletes have not given adequate consideration
to the message that our young peole and our society are getting from this
fiasco.

The tone of the coverage indicated a greater concern with keeping the medal
than pointing our that using illegal drugs at any time is unacceptable.

We live in a time when many of our young (and not so young) people simply
don't know the difference between righ and wrong. What an opportunity this
would have been for a practical demonstration.

As parents of young children we are painfully aware of teachable moments.
Ross, you hold one of these golden opportunities in the palm of your hand.
Use it wisely.

Kathy Kreiner-Phillips 1976 Gold Medallist, Alpine Skiing
Dave Phillips Former competitor and coach Canadian National Freestyle Ski Team

-------------------------------------------------------------------

Re - Ross Has The Chance To Be A Real Winner (Letter Sent To Editor Of
'Vancouver Sun' In Response To Another Letter Says Such Messages,
That Drugs At Any Time Are 'Unacceptable,' Undermines Efforts
To Teach Children Difference Between Responsible Drug Use
By Consenting Adults And Irresponsible Drug Abuse By Minors - Also Notes
Rabagliati Refused To Condemn Friends Or Parrot Simplistic
'Just Say No' Slogan That Failed To Prevent His Generation
From Using Illegal Drugs)

From: creator@islandnet.com (Matt Elrod)
To: mattalk@listserv.islandnet.com
Subject: Sent: Ross has the chance to be a real winner
Date: Mon, 23 Feb 1998 14:33:52 -0800
References: <3.0.1.32.19980223120340.006a6f58@pop.intergate.bc.ca>

To the editor,

Concerning the Forum article of Feb. 23, (Ross has the chance to be a real
winner), Kathy Kreiner-Phillips and Dave Phillips suggest that Ross
Rabagliati should "send a message" to children that "drugs at any time is
unacceptable" and "wrong". As a parent of young children, it is my job to
teach them what is right and what is wrong, not Ross Rabagliati's.

Messages that drugs at any time are "unacceptable" undermine my efforts to
teach my children the difference between responsible drug use by consenting
adults and irresponsible drug abuse by minors. Simply telling children that
drug use is "wrong" perpetuates fear, ignorance and intolerance of personal
behavior. To protect children from drug abuse we must respect their uncanny
talent for spotting inconsistencies and hypocrisy, arm them with knowledge
and allow them to make educated decisions.

Rabagliati refused to condemn his friends and parrot the simplistic "just
say `no'" parental cop-out that failed to prevent his generation from using
drugs. Celebrities should leave parenting to parents, pharmacology to
physicians and morality to spiritual leaders. Rabagliati is a young man of
principle and that makes him both a winner and a welcome role model for my
children.

Matthew M. Elrod
4493 [No Thru] Rd.
Victoria, B.C.
V9C-3Y1
Phone: 250-[867-5309]
Email: creator@islandnet.com

-------------------------------------------------------------------

Marijuana Smokers Not Dimwitted Dudes (Letter To Editor In Bellingham,
Washington, 'Herald,' Notes Case Of Olympic Gold Medal Winner
Who Supposedly Tested Positive For Cannabis Poses Challenge To Mass Media
And 'American Mind')

Date: Fri, 27 Feb 1998 10:36:29 -0800
From: Kevin Nelson 
Reply-To: kcnelson@premier1.net
To: hemp-talk@hemp.net
Subject: HT: Published LTE

Published LTE
Bellingham Herald
23 February 1998

Marijuana smokers not dimwitted dudes

The recent case of Ross Rebagliati, Olympic gold medalist snowboarder
who tested positive for marijuana, presents unique challenges to the
media and the American mind.

Our media, accustomed to demonizing marijuana and its users at every
turn, cannot sit comfortably with the idea of an unpunished and
unrepentant smoker. But where is the angle for the story? Where is the
"amotivational syndrome"? How to tie in marijuana's debilitating
effects on performance? Rebagliati's intelligence and masterful ability
do not lend themselves easily to the "slacker" angle. The question
remains: How do we reprimand, parody or at least dismiss this oddity?

The American drug war industrial complex cannot dare, for a moment,
acknowledge what tens of millions of Americans already know - that most
adult marijuana smokers are just like you and me. They're not demons,
they're not immoral, and they're not necessarily dimwitted dudes.

Canadians are light years ahead of us on this one. To them our
relentless drug war obsessions must appear to be paranoid delusions in a
class all our own.

Ross Rebagliati will return to his homeland a national hero, and
rightfully so.

Kevin Nelson
Bow, WA

-------------------------------------------------------------------

Tobacco Company Was Ready For Marijuana - Report ('Canberra Times'
In Australia Quotes London's 'Observer' Saying British American Tobacco,
Britain's Largest Such Company, Discussed Lacing Its Cigarettes
With Marijuana So It Could Cash In If Drug Were Legalised)

To: editor@mapinc.org
Subject: Canberra Times on tobacco & cannabis
Date: Tue, 24 Feb 98 12:45:14 +1100
Message-Id: <98022445914@pcug.org.au>
From: petrew@pcug.org.au (Peter Watney)

News item in The Canberra Times of 23rd February, 1998

Tobacco company was ready for marijuana: report

LONDON, Sunday: Britains biggest tobacco company discussed lacing its
cigarettes with marijuana so it could cash in if the drug were
legalised, it was reported today.

British American Tobacco considered "exploiting cannabis by adding
"near-subliminal levels of the drug", according to The Observer.

It said internal documents showed that BAT was preparing itself for
the future possible legalisation of the drug.

Cigarette companies had already registered brand names with links to
the drug, like Acapulco Gold and Red Leb, short for Red Lebanese.

The document "considers the main threats to the smoking habit ... and
draws attention to the undoubted opportunities which exist in the
development of future products".

It went on, "In the illicit use of marijuana, relatively large doses
of the active principal are involved. If the use of such drugs was
legalised, one avenue for exploitation would be the augmentation of
cigarettes with near subliminal levels of the drug."

-PA

-------------------------------------------------------------------

[End]