Needed Weapons in the Army's War an Drugs: Electronic Surveillance and Informants

• Author: by Captain Timothy A. Raezer
• Pages: 01

1. INTRODUCTION

   After a thorough study of the nation's drug problem. the President's Commission on Organized Crime recently concluded that,

   Ultimately. the cum of drug abuse will be broken, but only by a nationwide dedication to persistent and unyield. ing assaults an both supply and demand. The supply is heady under siege. . . . Because an end to consumption is our ultimate goal, it is a concerted and direct attack on demand that must be mounted.'

   Unlike the civilian sector, the Army's WYBI on drugs has continu. ally focused on the demand for drugs and used the military inspection as a primary weapon for eliminating drug abuse.

   In the past, these inspections were often highly intrusive invasions into the soldier's privacy, and became known as "shakedom or "Mulourt pre~ses."~

   They included an examination not only of the soldier's property and living area, but also his person, to include the most private body cavities.

   *Judge Advocate Gensral's Carpi, United STBteS Army Currently aasigaed 81 Chief. Legal Aisistanee, 7th InfanLry Divisian [Light), Fort Ord, California, 1986 to present Formerly asrimed a$ Tr-g Officer, Trial Counsel Assietanes Program. US. Army Legal Sewleer Agency. F d s Church. Virginia, 1982-1886. Trial Counsel and Defense Counsel. 8th Infantry Division IMeeh 1, Baumhoider. Germany. 1979-1882 J.D.. Ohio Northern Umversity School of Law, 1978: B.A., Gettysburg Caiiege, 1974 Compieted 34th Judge Advaeate Ofiiesr Graduate Course. 1986: 88th Judze Advoeate Officer Basic Course 1979. Author of TMi Counsdi Quide to M&~hity, Ths Army Layer. Apr 1885. st 21, Intmducmg Documentary Euidencr, The Army Lsayer, Aug. 1985, at 30. Msmbu af the bars of the Commonwealth of Pemayivmii, ths United 6t.m Court of MUtvy Appeals, and the United States Supreme Court. TNa (vtide io bawd upon I thelia

   submitt4 in partnl eatisfiction of the requiremento of the 84th Judm Advwek Officer Graduate Csuree.lReiident'# Cornmiasion on Orgvllrsd Crime, bport to the PIB8idc.t uld the Attorney General, Amerisa'r Habir: DNg AbuM, DNg Traflicbp, md Orgvlird Crma 12 118881 [hemindtar Amsiids Habir: Dlug Abum]

   'Umted Stab8 Y. Roberta. 2 M.J. 31 1C.M.A. 19761.'Comrmttee for G I Rights Y Callaway. 370 F Supp 934 1DD.C 18741, mu'd, 518 F.2d 466 IDC. Cir 19751

   Today, mlitary inspections for contraband drugs continue unabated.* and now include such aids as drug detection dogs and mandatory urinalysis.

   The increased use of urinalysis since 1982 has meant greater intrusion into the soldier's privacy, with the soldier exposing private parts and engaging in urination in the presence of a superimj Although urinalysis inspections have been upheld as reasonable under the iourth amendment,e this dragnetQpe ap. proach results in a signiiicant invasion of the privacy of not only suspected drug users. but also of innocent and unsuspected soldiers.

   The repeated justification for this extensive invasion of the innocent soldier's privacy has been that drug offenses are different. especially in the military.' Indeed, their harmful effects on combat readiness cannot be overstatda Due to their different nature, traditional law enforcement methods have failed to stem fully the growing tide of drug abuse. Generally, drug offenses are committed in secrecy and are victimless crimes. There are no complaining witnesses to notify the military police of the offense. In addition, dangerous narcotics come in small packages that em easily be secreted in a person's private body cavities. Drug dealers are also highly insulated in their dealings and are suspicious of strangers. As B result, drug distribution networks are difficult to penetrate even through undercover investigations. For all these reasons, traditional methods have been inadequate and inspections and, in particular, urinalysis, have been an important answer to the Army's drug problem.

   'Mil R Evid 313ib1'Dep't of Amy. Reg Yo. 600.85, Alcohol and Drug Abuse Prevention and Control Program 13 Kay. 19861. Army Reg~latmn 600.85 implemented Deputy Secrefarv of Defense Memorandum. svbisct Aieohoi and Drue Abuse. D e 28.

   aubsticute or ale7 B unne specmen Message. Dep't of Army, DAPE-HRL. 1012362 Oer 1986, rubpet Cwian Unnalys~s Program.

   'Murray V. Haldeman. 16 M J. 74 iC h1.A 19831.

   Schlesnger v Couunchan. 420 US 138 119751, Comrmftee for 0 I Rights Y Callaway, 518 F.2d 466 ID C. Cir 18751. United Stare8 V. Trottier 9 M.J 337 iC M A. 19801

   'Reeenãrvdiei indicate that even mmjuan~ is not B hsrmless dmg. See Institute of Medicme, Mariiuana and Health 119821: Narional Aead of Sereneed, Comrmtcee on Substance Abuse and Habitual Behavior. An Analysis of Msriiuana Pohcy 119821. Narional Lnsc of Drug Abuse Research Monograph 31, MarijuanaResearch FinLngi 1980 119801

   19871 ELECTRONIC SURVEILLANCE

   Urinalysis has had a significant impact in reducing drug use in the military. According to a recent survey, drug use in the Army has dropped from a high of 29 percent in 1980, to 26.2 percent in 1982, to a current low of 11.6 Nevertheless, the Army still has the highest current level of drug u ~ e among any of the services,la and the level of drug abuse among ~oldiers still remains high. Additionally, ominous clouds are appearing on the horizon in the civilian sector. The National Institute of Drug Abuse (NIDAI sponsored a survey by the University of Michi. gan's Institute for Social Research that involved 16,000 high school seniors across ths country. The survey was generally basedan the seniors' drug use within the past month. It showed a recent increase in drug abuse. especially cocaine.'l Overall drug use among the seniors increased from twentynine to thirty percent. The most widely used illicit drug was marijuana, tried by fiftyfour percent of the seniors. Cocaine had been tried by seventeen percent of the seniors. This study is significant to the military, because today's high school seniors are tomorrow's soldiers.

   The Drug Enforcement Administration's (DEAI study, entitled Narcotics Intehgence Estimate 1984, indicated that, in 1984, cocaine consumption rose eleven percent and the u ~ e of stimu.

   lants, hallucinogens, depressants, sedatives, and other man.made substances increased fifteen percent.'* The rise in cocaine use is of

   'Army Timer, Feb. 24, 1886, st 9. mi. 1. To gather these figures, civilian eantraefars surveyed about 20.000 s~rvice members worldwide The survey wm based on whether ths service membsr had used illicit drugs within the last 30days Army dng te6tmg laboratories also report that the percentage af posiDve Bmpies tested has dropped from 8.8% VL 1833 to 6 8% in 1936 Army Times, Oct. 2s. 1986. at 28.

   "Id. The Air Farce lwei of drvg use was the lawest and mad at 4.6%. follawd

   by the Yarine Coma st 8 8%, and the Nayr at 10.9%.

   'A copy of the fmal report of the NIDA.Bp0nsored study ie availibie free h m the National Clearinghouse for Drug Abuse Informaim INCDAIJ P.O. Box 416, Kensington, Maryland 20786: telephone 1301) 143-6500 The Preaident'a Commil.aim en Organired Crme was critical of the study for not vldvding high xhwi dropauta. who may promds L high percentage of YIIBII. m well aa ths study's fulure to ask questions mncemg the price and quantity of the illicit drugs uaed. America's Habit. Drug Ahwe, supm note 1. et 998llDA research also incinder a periodic national s w e y af drug use in the household popniatmn lthe Sariond Survey on Drvg Abuse], and a nationaide drugabuse momtomg system in hospital emergency ioomi m smaller uti** avom the Umted States. Ths statistical system io horn as the Drug Abuss Waming Network IDAWN) and is designed to dewt trsnda that may be a danger to public hedth.

   "Drug Enforcement Ad-, National NWMIES Intelligence C0naumer.i Commit.w, NBTFofiEe Intelligence Estimate 1884, at 7. F r e copies af this report may bs obtained from the Offlee af Public Affur, Dmg Enforcement Admmiatratian, 1405 Eye Street. S W , Washington, D.C. 20537: telephone 12021 693-1395.

   particular concern, because this drug rapidly metabolizes and is cleansed from the body within forty-eight hours.13 As B result, its use on a Friday night would not be detected by a urinalysis on Monday morning.

   Another continuing problem is the connection between dmgabuse, particularly heroin addiction, and the commission of other crimes. These other crimes consist of more than just property crimes and drug sales committed to support a habit. NIDAs most recent report to Congress reached the following conclusion.

   The violence that permeatss the drugebusing commu. nity is becoming increasingly evident. In cities where homicide data are collected at the precinct rather than the city level, many homicides that once would have been classified as unrelated to drugs are now being classified as drug related This is because police officers and detectives most familiar with the criminal underworld in thelr part of the city are able to link the homicide victims with the role they play in drug trafficking. Simply put, drugs such as marijuana, heroin, and cocaine are illegal contraband. Their distribution OCCUTB under clandestine

   conditions for what often are massive profit margins. As a result, violence is a regular part of the drug trafficking business. The violence connected with drug abuse threat. ens the health and safety of our nation."

   The exact relationship of drug abuse to barracks assaults and larcenies in the military remains speculative, but may well be anoverlooked motive to these other crimes.

   Another cause for concern over drug abuse is its relationship to the spreading disease of Acquired Immune Deficiency Syndrome (AIDS). Initial reports and studies that attributed the spread of the disease mostly to homosexual relationships may have OYIP

   looked the fact that many of the homosexuals were also intrave nous drug um6 who shared needles." As a result, the number of persons contracting the disease through intravenous drug us8 may be underestimated.

1. DNE Abuie and DNP Abuse

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