In our blog of December 21, 2011, we reported that the United States Justice Department was investigating the Maricopa County Sheriff’s Office (MCSO) amid claims of racial profiling and other improper conduct aimed at Latinos. Apparently unable to reach an agreement with Sheriff Joe Arpaio concerning the allegations, the Justice Department last week filed a 32-page complaint in Federal District Court declaring that Arpaio, the Sheriff’s Department and the County have engaged in a pattern and practice of discrimination. The complaint seeks (a) a declaration that the defendants have denied Latinos their constitutional and federal statutory rights; and (b) an order requiring the defendants to refrain from continuing their conduct, and to adopt procedures to address the systematic practice of discrimination.

The gist of the complaint is that the MCSO discriminated against Latinos because of their race, color and/or national origin as follows:

• Targeting Latinos for pretextual traffic stops;
• Unconstitutional detention of Latino drivers and passengers;
• Unlawful searches and seizures of Latinos; and
• Targeting Latinos during home and worksite raids.

There is, however, another allegation in the complaint, and this one does not necessarily involve Latinos. The claim is that the defendants have unlawfully retaliated against and attempted to intimidate critics of the MCSO and Arpaio, in violation of those critics’ rights under the First Amendment (free speech).

But let’s get down to specifics. The complaint sets forth numerous examples of the targeting of Latinos by officers of the MCSO, and while we won’t attempt to list them all, here are some highlights:

• Depending upon which segment of the County you look at, Latinos were between four and nine times as likely to be the subject of a traffic stop than non-Latinos engaging in the same conduct;
• MCSO’s Human Smuggling Unit (HSU) engages in pretextual traffic stops, often relying upon such factors as whether the passengers appear “disheveled” or do not speak English. It is further alleged that the 15 officers who make up the HSU are not properly trained to do their jobs; and
• Close to 90% of those detained by MCSO in its “suppression sweeps” (crime suppression operations) have not committed any criminal offense.

The complaint goes on to cite individual cases, including one involving a pregnant Latina who was roughed up by deputies, and other in which a Latina woman, a citizen of the United States, was manhandled a quarter mile from her home.

We think it is also worth detailing some of the retaliation and intimidation claims by the Justice Department:

• Five separate complaints were filed (on behalf of MCSO and Arpaio) with the Arizona State Bar Association against attorneys who were openly critical of MCSO and Arpaio;
• Four complaints were filed (on behalf of MCSO and Arpaio) with the Arizona Commission on Judicial Conduct against judges who criticized MSCO and Arpaio or who had issued rulings that Arpaio disagreed with; and
• Arpaio was a plaintiff in a lawsuit filed by the Maricopa County Attorney charging various individuals who were critical of him and his office with engaging in a criminal enterprise. The case was abandoned as without merit, and the County Attorney has since been disbarred, at least in part for his role in the case.

Unfortunately, Joe Arpaio has decided not to deal with the specifics of these charges, which have been in the news for months. Rather, he is generally quoted as saying, in effect, that none of these events ever happened. The problem is that we’re pretty sure they happen, mayabe on a regular basis. And attempting to ignore the problem by pretending it does not exist is bad not only for the individuals who have been mistreated, but also for Maricopa County, the State of Arizona and the United States of America.

Law Offices of David A. Black
40 North Central Avenue #1400
Phoenix, AZ 85004
(480) 280-8028

We have been talking recently about the epidemic of prescription drug abuse. This leads us to wonder where all these drugs come from. We’re not discussing drugs such as heroin or cocaine, the origin of which may be South America or Asia. And we doubt there are enough doctors writing prescriptions for narcotics and related drugs, or enough patients doctor shopping, to fill the apparent need among those abusing them. Two recent stories caught our eye, and may provide some insight into the way legitimate prescription drugs find their way into the black market.

This week, Fox reported that a local Scottsdale pharmacist was arrested for allegedly selling Oxycodone to customers with fraudulent prescriptions. Apparently, the arrest came after a six month undercover investigation into the pharmacy’s operations, which revealed, among other things, twice the Oxycodone sales of other drug stores in the vicinity. Now we’re not saying that the pharmacist is guilty of a drug crime – we adhere to the fact that all defendants are innocent until proven guilty. It does appear likely, however, that forged prescriptions, with or without the complicity of a pharmacy, is one element that contributes to these drugs being available on the street.

The second story, reported last week, likely points to a more significant – perhaps the most significant – contribution to the availability of prescription drugs on the illegal market. It concerns the arrest of two brothers allegedly behind the theft of $75 million worth of prescription drugs from an Eli Lilly & Co. warehouse in Enfield, Connecticut. It was the largest theft in United States pharmaceutical industry history. Once again, we are not saying these men are guilty; and according to the report, none of these drugs reached any illegal markets. But if you take a look at reports concerning the pharmaceutical industry in our country, you will find that the Enfield theft points to a problem that has a long and troubling history. Here are a couple of statistics you may find surprising:

• Annual cargo theft in the United States is estimated at between $8 billion and $12 billion. Fifteen percent of that amount, or between $1.2 billion and $1.8 billion, is attributable to theft of prescription drugs.
• The value of each theft, based upon the fifty or so major thefts reported in 2010, was $3.7 million.

Lucrative? That’s a gross understatement. Compare it with a bank robbery, which has an average take of $4,000. We know there are a variety of methods by which people obtain prescription drugs illegally, including forged prescriptions and counterfeit products. It appears clear, however, that a major portion of the supply comes from the manufacturers themselves. Equally as clear, the industry must do more to protect its products from being stolen. While we don’t believe that the problems associated with addiction will be cured by tightening controls on theft, it is apparent that the black market supply is making it easier to obtain drugs illegally.

If you have been charged with a prescription drug crime, contact an experienced Phoenix prescription drug lawyer to insure that you receive the best possible legal representation.

Law Offices of David A. Black
40 North Central Avenue #1400
Phoenix, AZ 85004
(480) 280-8028

Attorney David A. Black discusses pretrial motions called Motions in Limine, and characterizes them as pretrial motions or objections made in writing. Deals with criminal law. Law Offices of David A. Black, Phoenix, Arizona, #1400, Phoenix, AZ 85004. (480) 280-8028.

A common question we are asked is whether or not we, as Phoenix criminal attorneys, recommend our clients seek a trial. The question is a complex one, and depends upon a variety of things, but most important are whether or not there is a benefit to any bargain offered, and whether or not we feel the State’s evidence is persuasive enough to overcome the burden of proof. Contact a criminal lawyer at Law Offices of David A. Black, 40 North Central Ave. 1400, Phoenix, AZ, 85004, with questions at (480) 280-8028.

On April 28, the Drug Enforcement Administration (DEA) hosted the fourth annual Prescription Take-Back Day. The event, which took place in Phoenix and in other areas across the country, is designed to get expired and unused prescription drugs out of people’s medicine cabinets and homes and properly disposed of. In previous years, more than 18,000 pounds of pharmaceuticals were disposed of through the Take-Back program.

The purpose behind the program, reported ABC News, is set forth in a statement by a DEA Special Agent, who referenced “the disturbing rise in addiction caused by [prescription drug] misuse and abuse.” He went on to state that the number of people in our country abusing prescription drugs exceeds those using heroin, hallucinogens and cocaine combined. The City of Phoenix website also carried news of Take-Back Day, and The Phoenix Police Department stated its concern with the rise of prescription drug abuse among Arizona high school students, including more than 20% of sophomores and seniors.

Report of The Partnership at drugfree.org

The proliferation of prescription drug abuse has been gaining more and more attention in the media, and The Partnership at drugfree.org released a report today which includes more information on the subject. The report notes that while there was a slight reduction in prescription drug misuse and abuse among teens from 2010 to 2011, about 10% of teens admitted to using pain medication for the purpose of getting high over the past year.

While it appears that social disapproval among teens regarding prescription drug abuse is on the increase, fewer parents are discussing the issue with their children. In fact, under 70% of parents said they discussed prescription drug use with their high school age children in 2011, down from over 80% in 2009. Interestingly, an increasing number of parents with children in high school admit that they, the parents, abuse prescription drugs. In fact, 18% of those parents admitted taking prescription drugs that were not prescribed for them.

We know that prescription drug misuse and abuse is a problem, and we also know that the problem is not limited to teens. If you or your child has been arrested or has encountered a legal problem related, directly or indirectly, to the use of prescription medication, you need to contact a Phoenix prescription drug attorney to insure that your rights, and those of your children, are protected.

Law Offices of David A. Black
40 North Central Avenue #1400
Phoenix, AZ 85004
(480) 280-8028

Phoenix, Arizona Criminal Defense Attorney David A. Black discusses in very broad terms what a grand jury does and what it means to be indicted. Generally, an indictment is just a formal word for the start of a felony criminal case. For more information on grad juries and indictments, please speak with your own personal lawyer or please visit:

Phoenix Criminal Lawyer
Law Offices of David A. Black|
40 North Central Ave. Suite 1400
Phoenix, Arizona 85004
480-280-8028

Criminal attorney David Black discusses in his blog what an evidentiary hearing is in very general terms. In this video, David Black discusses how an evidentiary hearing is simply a forum in which objections to evidence are discussed.

Law Offices of David A. Black PLLC

40 North Central Avenue Suite 1400

Phoenix, Arizona 85004

http://www.dbphoenixcriminallawyer.com