Posted on: Tuesday, August 3, 2004
State urged to tighten drug laws
By Kevin Dayton
Advertiser Big Island Bureau
KEALAKEHE, Hawai'i The chairman of the U.S. House subcommittee that oversees national drug policy said Hawai'i must tighten its criminal laws and carry its share of the burden in the fight against illegal drugs, or the state could see greater scrutiny given to federal drug-enforcement money.
Souder said he also is concerned about the failure of state lawmakers to revive the so-called "walk-and-talk" tactics formerly used by police to intercept drug smugglers at airports. The state Supreme Court ruled in 1992 that the practice, which allowed police to stop travelers and ask them if they were carrying drugs, violated privacy provisions in the Hawai'i State Constitution.
"This is clearly the highest (methamphetamine) use problem we've seen anywhere in the United States. It should be a primary focus," he said.
Souder said after the hearing that his comments weren't meant as a threat that the state could lose federal dollars. But he noted that Hawai'i has benefited from significant federal spending on treatment and enforcement, including more than $4 million for the Big Island alone.
Federal officials will be watching to see how that money is spent and what other steps are being taken, he said, including establishing laws that benefit law enforcement.
Lt. Gov. James "Duke" Aiona testified that changing the wiretap law and resurrecting the walk-and-talk program are ideas that were backed by Gov. Linda Lingle's administration, but failed to win approval at the Legislature this year.
Big Island Police Chief Lawrence Mahuna said his department has been forging closer relationships with federal authorities, in part because of limitations imposed on law enforcement by state law.
Souder said it might be a good idea to put more DEA agents in Hawai'i given the state's geography, "but clearly, the local law enforcement needs additional tools."
He said he hoped yesterday's hearing would highlight a connection between the levels of federal support for treatment, prevention and other anti-drug programs, and the willingness of the state and counties to take the necessary steps to crack down on drug dealing and use.
"Other states carry their fair share, and Hawai'i needs to, too," he said.
Drug Policy Forum of Hawai'i President Pamela Lichty did not attend yesterday's hearing, but said both the walk-and-talk and the wiretap proposals were defeated because state lawmakers were concerned about eroding privacy protections, and because it would've involved the "drastic" action of changing the state constitution.
"We just feel it's really short-sighted to change something that's as pivotal, that's as integral a part of the state as that is, and of our history," she said.
Lichty said authorities have gotten around the restrictions on walk-and-talk by having federal authorities "deputize" local law enforcement officials so the operations can still be carried out.
William Harrison, a member of the board of directors of the American Civil Liberties Union of Hawai'i, said law enforcement officials can obtain wiretaps under state law, but that they would prefer a federal-type system because there is less oversight.
Harrison said the federal constitution gives the state the power to write its own laws, and "I don't think we have to wholesale adopt the federal law in Hawai'i to have access to funds."
Souder's subcommittee has been traveling to regions hard-hit by methamphetamine use, including the congressman's district in northeastern Indiana.
The hearings are intended to study ways to reduce the supply of drugs, to cope with the environmental damage caused by illegal meth labs, and to get addicts into treatment and prevent young people from using ice.
Reach Kevin Dayton at kdayton@honoluluadvertiser.com or (808) 935-3916.
Speaking at a Subcommittee on Criminal Justice, Drug Policy and Human Resources hearing yesterday, Rep. Mark Souder, R-Ind., said he finds some aspects of Hawai'i's law "disturbing," including provisions that make it difficult for officials to use information obtained from federal wiretaps in state court cases. He spoke at the Kealakehe Intermediate School cafeteria.
U.S. Rep. Mark Souder
U.S. Rep. Ed Case, D-Hawai'i, suggested the solution may be to beef up the federal law enforcement presence in Hawai'i, and he called on the FBI and the Drug Enforcement Administration to permanently station an agent on every island where there is no federal presence now.
U.S. Rep. Ed Case