July 2010
Oakland Officials Get SMART to Circumvent the Constitution
http://www.thenewamerican.com/usnews/constitution/item/7759-oakland-officials-get-smart-to-circumvent-the-constitution
Oakland Police Search Without Warrants
In a little-known city program that critics say may be unconstitutional, cops join fire and building inspectors as they enter homes without a warrant and then arrest residents if they find anything illegal.
On a gloomy recent morning in West Oakland, tenants at the David Gray Building — or, Off-Ramp Studios, as everyone who lives there calls it — stood in the hallways outside their lofts. They gathered around their doors in nervous clusters and spoke in hushed tones, wondering aloud whether they should head to work or stay and observe while two Oakland police officers, two building services code enforcers, a fire inspector, and three property management representatives entered all of their units one by one.
Traditionally the entire procedure would have required a search warrant. But on this day, the group of cops and city officials were operating under a little-known Oakland city program, called "SMART" — Specialized Multi-Agency Response Team — that some legal experts say may be unconstitutional. That's because they enter people's homes without consent or a warrant.
At the Off-Ramp Studios, they also entered one loft when no one was home. It was Unit 103. They knocked on the locked door and got no response. After about a minute of waiting, the building manager, who was carrying a tray of keys, opened the door, and everyone entered.
Inside were the remnants of a large, multi-level grow operation, including what appeared to be psilocybin mushroom caps and potted marijuana plants that had been sawed off. There also was evidence of methamphetamine production, according to fire inspector Vincent Crudele, who called the unit a potential felony crime scene. The officers hauled away large Ziplock bags filled with evidence seized from the inspection, and Crudele ordered the unit to be completely cleaned out by property management within 48 hours.
A week prior to the search, Crudele showed up at the Off-Ramp for a preliminary check in response to complaints from one tenant about an open party being planned by another tenant, said Frank Flores, director of development for Madison Park, the building's leasing agent. Crudele said he noticed the smell of marijuana emanating from one particular unit — 103 — and decided then to schedule the SMART inspection for one week later.
However, Northern California ACLU staff attorney Michael Risher questioned the legality of searching people's homes without a warrant or consent. He also argued that it's not all that burdensome to go down to the courthouse, swear-out an affidavit, and get a legitimate search warrant to look for illegal drugs or real safety hazards.
Risher said there are really only three ways for state agents to legally enter a private residence — with consent, with a warrant, or in an emergency. The SMART inspection is a warrantless process. And considering the fact that a week passed between Crudele's first sniff of the wafting marijuana and the actual inspection, this doesn't qualify as an emergency either, Risher said.
http://www.eastbayexpress.com/oakland/oakland-police-search-without-warrants/Content?oid=1878972
