Dump the Drug Dealers and the Judges That Protect Them

You may be amazed to find out that West Virginia law and State Supreme Court of Appeals decisions put together now prioritize enforcement of open dump regulations over breaking up violent drug gangs. Unbelievable? The recent decisions of our state's highest court claim that informants and officers cannot wear recording devices to gather information against drug dealers and gangs without a warrant. Anyone in law enforcement knows that opportunities to collect information on these societal scourges require flexibility and speed. Sometimes police have a very short window of opportunity and the time required to find a judge and get a warrant might be too much to catch a violent gang leader in the act. The US Supreme Court has validated these techniques again and again. Even the notoriously liberal West Virginia state attorney general Darryl McGraw has blasted these decisions. In all fairness this was a divided court, Brent Benjamin being among the justices in opposition.

Now contrast that with West Virginia State Code 22-15A-7. This law addresses open dumps that potentially present environmental hazards. State Department of Environmental Protection officials have the right, upon presenting identification, to search private property and conduct studies. The code plainly states that this represents "an exercise of the police power of the state." The law does not mention court issued warrants. Could it be that the state lacks the power to go into known drug houses to record information, but has the power to waltz in at any time to investigate claims of illegal open dumps? Drug gang leaders come and go without warning and police need the flexibility to catch them. Open dumps that threaten our streams and ground water definitely need addressed. However open dumps do not just jump up and run away at the approach of the DEP. If they did just disappear, problem solved.

With violent drug gangs threatening our state's largest cities and moving stealthily into our small towns, we need to dump the Supreme Court justices that introduce such contradictions into our law.