Virginia Drug Offenders Sign Away Rights

Drug offenders in Colonial Heights, Va., who sign plea-bargain agreements also agree to waive their search-protection rights -- a tactic that officials say has reduced the number of repeat drug crimes, the Richmond Times-Dispatch reported Sept. 10.

Under the program, drug offenders waive their Fourth Amendment right under a plea agreement and allow Colonial Heights police to conduct person, vehicle, and residence searches and seizures without a warrant or probable cause.

"It helps a lot when there's a suspicion that you might be searched," said Commonwealth's Attorney Michael Lee. "I think it has had a great indirect effect."

The program applies to offenders convicted of using, selling, or possessing drugs. In exchange for giving up their search-protection rights, defendants receive incentives such as reduced charges or elimination of fines.

Lee said the program also appears to be a deterrent for those who haven't waived their rights. "You believe that people hearing about it refrain from doing something that may put them in the position to be searched," he said.

But Kent Willis, executive director of the American Civil Liberties Union of Virginia, questions the constitutionality of the program, even though such waivers have been upheld by the U.S. Supreme Court. "Everyone should keep their eyes on this program," he said.

Source: www.jointogether.org