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Alameda Times-Star - Alameda,C
29 September 2008

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Oakland Police Department, CA

Oakland police drug warrants u

At least eight Oakland police patrol officers have been removed from street duty pending the outcome of an internal investigation into concerns about how those officers obtained search warrants in drug cases.

Numerous drug cases could be dismissed depending on the outcome, officials said.

Allegations involve officers using purported narcotics obtained through undercover buys from suspected drug dealers as probable cause to get warrants to search the suspects' homes. The problem lies in the possibility the officers obtained search warrants before the police crime lab confirmed the purchased substances were actual narcotics.

Sources said the department launched a weeks-long investigation after discovering the potential problem, but it does not appear the officers involved were deliberately using false information to obtain search warrants. Rather, they said it was more a case of carelessness and a lack of training.

"It may be that one or more police officers are making misrepresentations as to a fact in support of searching someone's house," said Alameda County Assistant Public Defender Ray Keller. "If that's the case, then it could have a dramatic impact on whether the search is lawful or not."

Keller said if the alleged misconduct is proven, evidence could be thrown out or convictions overturned, but these would not be automatic outcomes.

"We don't know the scope of the problem yet," Keller said. "At this point, we don't know if it was widespread; it could affect just two or three cases, or it could affect 50 or more. We're anxiously waiting to find out the results of the investigation."

Keller said the public defender's office was alerted to the investigation last week, when it received a memo from Alameda County District Attorney Tom Orloff.

Orloff declined to comment, except to say his office is "still receiving information." He added, "We have not started a criminal investigation at this point."

Police officials declined to comment Monday. They are expected to discuss the issue today, after meeting with the Oakland city attorney.

The Oakland Police Department has not had a dedicated narcotics unit for several years, and most street narcotics enforcement is now done by "problem-solving officers," who don't answer regular service calls but are dedicated to quality of life issues and ongoing, neighborhood-specific problems, and other specialized units.

Almost all the officers under investigation work in East Oakland and are problem-solving officers. As investigations continue, the officers could face disciplinary action ranging from suspension to termination.

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Alameda Times-Star - Alameda,C29 September 2008

Oakland police drug warrants u

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Alameda Times-Star - Alameda,C
29 September 2008