Archive for Thursday, June 8, 2006

Highway patrol drug check greets fans on way to fest

Inspections an effort to curb crime this weekend

June 8, 2006

Advertisement

As thousands of revelers began pouring into Lawrence for one of the nation's biggest outdoor popular music festivals, the Wakarusa Festival's promoter complained Wednesday that police had jerked the welcome mat by setting up a three-day check lane to stop drivers as they exited Interstate 70.

It's an aggressive anti-drug effort that police said was to ensure safety, and to which most drivers responded positively.

But festival promoter Brett Mosiman called the move "a big overreaction" that sent the wrong message to tourists.

"We create this amazing festival and we sell tickets in all 50 states, and the second everybody gets here, they get met by a police state," he said.

That conflict aside, thousands of festivalgoers and vendors have been streaming into town all week in anticipation of good times at Clinton State Park with a four-day line-up that features more than 80 bands. Local businesses were stocking extra ice, water and beer as they geared up for an estimated 15,000 fans per day, including people like Marcus Ottmers, 28, of San Antonio.

"These shows just enable us to keep our sense of community - to put the vibe out there that it's OK to take a stand, be a little different and hold your ground," he said.

Check lane

Starting Wednesday, the Kansas Highway Patrol set up a checkpoint to stop incoming drivers exiting off the westbound Kansas Turnpike at the Kansas Highway 10 interchange. The lane continued all day Wednesday and was expected to last until about 1 a.m. today, then resume at 8 a.m. and last until early this afternoon.

"We're making a lot of drug seizures, checking a lot of vehicles," said Highway Patrol Lt. Kirk Simone, who was supervising the check lane Wednesday afternoon, with an estimated 16 officers on the scene.

He said officers were asking for license and registration, checking for obvious violations and watching for signs of drugs or impaired drivers. In cases involving small amounts of drugs, he said, officers were simply confiscating the items instead of arresting people. Calls made to the highway patrol regarding the number of arrests and vehicle searches were not returned as of late Wednesday.







Wakarusa Festival by the numbers

¢ 300 portable toilets ¢ 15,000 expected to attend per day ¢ 84 bands listed as performers on the festival's Web site ¢ 80 private security guards on the grounds ¢ $53,316 to be paid by festival organizer Brett Mosiman to the Douglas County Sheriff's Office for patrols at the festival, up from $23,660 last year ¢ 16 estimated police officers Wednesday afternoon at a Kansas Highway Patrol check lane at the exit of westbound Interstate 70 ¢ 50 golf carts used by festival workers

The check lane, and an accompanying patrol to put extra officers on Kansas Highway 10 and U.S. Highway 59, was funded by a federal High-Intensity Drug-Trafficking Area grant. The exact amount spent on the effort won't be known until it's finished, according to the highway patrol.

Agencies involved include law enforcement from Johnson and Douglas counties, the U.S. Drug Enforcement Administration and the FBI.

Promoter Mosiman said he'd been working with law enforcement in recent months to resolve concerns but was surprised by the check lane.

"It's like you've got the opposite of the red carpet for our visitors," he said.

Simone, however, said he'd been met with few negative comments on the side of the road.

Logistics

Inside the festival grounds, preparations have been under way all week.

At a trailer in a shaded area backstage, Cesar DuBois, of Lawrence, the festival's creative coordinator, was busy working on his designs for six giant sunflowers with heads made of bicycle wheels that will spin in the breeze. He planned to cover the flowers' petals with reflective tape and shine spotlights onto them that would reflect onto the ground.

He also built an 8-foot-tall abstract "WakaMan" that will be posted near the entry gate.

DuBois said he goes for a mesmerizing effect, with the understanding that some of his audience members will be under the influence of exactly what the highway patrol was trying to keep out of the grounds.

"There's a lot of tripping hippies, and they love it," he said. "It makes you feel like you're at an amusement park or something, instead of just seeing a show."

Production manager Jereb Carter, of All Phases Production in Rico, Colo., is one of two people charged with overseeing logistical operations of the festival - such as electricity for the stages, a fleet of 50 golf carts and three, 500- to 1,000-gallon water tanks that will be refilled twice daily. He said a big difference between this year's festival and last year's would be an increased focus on illegal vending in the campgrounds surrounding the festival.

"People are out there illegally vending grilled cheeses," he said.

One employee on site is in charge of nothing but checking all 300 portable toilets all day, with a cleaning truck following him around.

"He basically gets to the last one, and goes back to the first one," Carter said. "He knocks. He opens the door and he radios the guy in the truck, 'It's dirty.'"

Gary Thomas, of Tulsa, Okla-based GT Security, is in charge of a crew of 80 security guards who will specialize in securing the festival's perimeters, watching for unsanctioned vending and checking credentials. He said working with the mellow fans at Wakarusa is a welcome change from working at hard-rock concerts, where things can easily get violent.

"If people need help out here, other people will actually help them," he said.

Citywide impact

On the road to Wakarusa

Joe DiPietro, 20, New Paltz, N.Y., was in downtown Lawrence Tuesday as part of a trip to the Wakarusa Music and Camping Festival this week at Clinton Lake. Enlarge video

On the road to Wakarusa

Mike Hollis, 18, New Paltz, N.Y., was in downtown Lawrence Tuesday and is here for this week's Wakarusa Music and Camping Festival at Clinton Lake. Enlarge video

At Glass House Liquor at Clinton Parkway and Wakarusa Drive, Daniel Ayala, 23, was expecting to do big business - probably four times what he normally does.

"It's great for business," he said. "We brought in all sorts of the microbrews. The hippies dig that stuff."

Dozens of festivalgoers could be seen lingering downtown this week, including Mike Hollis, 18, of New Paltz, N.Y., who sat in an alleyway putting new strings on his guitar with friend Joe DiPietro, 20, reading a philosophy tract nearby. The two are traveling across the country all summer and said they were looking forward to seeing acts including The Disco Biscuits and Deep Fried Pickle Project.

"I was surprised to find Lawrence," Hollis said. "I didn't think any towns like this existed in Kansas."

Wakarusa Festival 2006

More about the Wakarusa Festival

Video:

Stories:

Photo Galleries:

Turnpike coverage

Comments

b_asinbeer 9 years, 1 month ago

This quote is going to make my day:

"We brought in all sorts of the microbrews. The hippies dig that stuff."

Michael Birch 9 years, 1 month ago

The part about not arresting people for small amounts

of drugs is probably a good idea. Even if the case goes

to trial and the highpo has all the evidence in the world,

we will vote "Not Guilty" 'cause this is Lawrence and it

don't get no better!

Dude

Michael Birch 9 years, 1 month ago

Its called HOME RULE! In Lawrence, the people make

the laws not some f*cked up politican!

Dude

Michael Birch 9 years, 1 month ago

One more thing, I believe that this drug checklane thing

is just a ruse for the KHP to come into Douglas Co. and

hang paper on the people attending the festival. Everybody wants to profit off of this

including the state itself!

Dude

Richard Heckler 9 years, 1 month ago

How about the cops hang out on k-10 speedway instead and/or keep a close eye on Last Call or Coyote Club if they are that concerned about impaired drivers...or maybe the country clubs. Discrimination or what? 16 oficers all day long is quite a chunk of money.

Do they have search warrants? Exactly why did they say they had a right to inquire or search?

Richard Heckler 9 years, 1 month ago

Impaired drivers exiting and entering the Football stadium area on game day...alcohol is probaly the most abused drug on the planet.

The music attendees will probaly spend a lot more money in town than game day folks do.

Katie180 9 years, 1 month ago

Q : Can the police legitimately search my vehicle without a warrant?

A : That depends on the circumstances. The police would not usually have the right to search your automobile when you are stopped only for a minor traffic offense such as speeding, but if the violation requires that you be taken into custody (for example, a "Driving Under the Influence" [DUI] arrest or driving with a suspended license), the search would generally be permitted. If the officer has arrested you, the officer does not need a warrant to pat down your body in searching for weapons.

In general, when an arrest is not involved, the police have more latitude to search a vehicle than to search a home. The U.S. Supreme Court recognizes an automobile exception to the Fourth Amendment's protection against warrantless searches. The Court has held that a person expects less privacy in an automobile than at home. (No one ever said "A man's Chevy is his castle.") The rationale for permitting warrantless searches of cars is that the mobility of automobiles would allow drivers to escape with incriminating evidence in the time it would take police to secure a search warrant. For a warrantless search to be valid, however, the officer must have probable cause.

Q : What is probable cause?

A : Probable cause, in this context, is a reasonable basis for the officer to believe that the vehicle contains incriminating evidence, so that the officer is legally justified in searching it.

Q : Can the police pull me over in a roadblock and demand to check my license and registration?

A : The U.S. Supreme Court has said that such roadblocks do not constitute an unreasonable search as long as police stop all the cars passing through the roadblock or follow some neutral policy, such as stopping every fourth car. The police can't single out your car unless they have an articulable suspicion that you don't have your driver's license, your vehicle is unregistered, or that you or your car are otherwise seizable for violating the law.

All of this I quoted directly from findlaw.com

So I guess they really can stop you. And maybe dreadlocks or patchouli oil or the fact you are in a VW is "reasonable basis." Of course, the festival goers could wise up and get off at another exit.

In NM, where I grew up, such large scale random roadblocks are so commonplace they are almost expected. We just don't see it here much.

pity2bu 9 years, 1 month ago

To festival promoter Brett Mosiman,

If you don't like the attention you and your dirty little feet people are receiving by the Highway Patrol, then find another city to party in.

The Highway Patrol really needs to set up a de-licing tub, and a dreadlock and a natural hair waxing machine at those check points as well.

MAY GOD BLESS THE KANSAS HIGHWAY PATROL FOR KEEPING OUR COUNTY RID OF DRUG INDUCED PESTS.

gbaker 9 years, 1 month ago

Let's just get the festival up and running and then everyone can go home, except for the ones that are homeless and end up living here.

Nikki May 9 years, 1 month ago

Hun, the KHP are NOT keeping out county rid for drug induced pests. For example, I'm sure now people have called each other and no one is exiting at K10. Go a few extra miles and exit at one of the Lawrence exits. Don't take the 'pike. And anyway, I'm sure they aren't catching everyone they search.

Baille 9 years, 1 month ago

Unbleivable. They are stopping people without probable cause or a reasonable suspicion that anyone is breaking the law and then searching their vehicles and/or their persons through actual physical searches or by way of dog and yet they are met with "few negative comments" by the people they are harrassing.

Not only is this the culmination of several bad SCOTUS decisions, but it is also marks the nadir of the American citizens' independent spirit, inherent skepticism of the nanny state, and appreciation for the reason for the 4th Amendment.

Jack booted thugs on a fishing expedition for drugs. And we just bend over. Nice.

Baille 9 years, 1 month ago

"We have never approved a checkpoint program whose primary purpose was to detect evidence of ordinary criminal wrongdoing. Rather, our checkpoint cases have recognized only limited exceptions to the general rule that a seizure must be accompanied by some measure of individualized suspicion. We suggested in Prouse that we would not credit the "general interest in crime control" as justification for a regime of suspicionless stops. 440 U.S. at 659, n. 18. Consistent with this suggestion, each of the checkpoint programs that we have approved was designed primarily to serve purposes closely related to the problems of policing the border or the necessity of ensuring roadway safety. Because the primary purpose of the Indianapolis narcotics checkpoint program is to uncover evidence of ordinary criminal wrongdoing, the program contravenes the Fourth Amendment."

City of Indianapolis v. Edmond, 531 U.S. 32 (2000).

Baille 9 years, 1 month ago

Yo, Bacon:

"If the illegality of the activity made constitutional an otherwise unconstitutional search, such Fourth Amendment protection, reserved for the innocent only, would have little force in regulating police behavior toward either the innocent or the guilty. ...In short, these arguments demonstrate a fundamental misunderstanding of the requirement that one take "normal precautions to maintain privacy." That simply means that a defendant must outwardly behave as a typical occupant of the space in which he claims an interest, avoiding anything that might publicly undermine his expectation of privacy." US v. Vega, (citing United States v. Fields, 113 F.3d 313, 321 (2nd Cir.1997) (observing that "many Fourth Amendment issues arise precisely because the defendants were engaged in illegal activities on the premises for which they claim privacy interests").

Justice Ginsberg disssenting in Minnesota v. Carter, 525 U.S. 83.

Baille 9 years, 1 month ago

"It's an aggressive anti-drug effort that police said was to ensure safety, and to which most drivers responded positively."

"'We're making a lot of drug seizures, checking a lot of vehicles,' said Highway Patrol Lt. Kirk Simone.

"The check lane, and an accompanying patrol to put extra officers on Kansas Highway 10 and U.S. Highway 59, was funded by a federal High-Intensity Drug-Trafficking Area grant."

And they are only stopping people without a K-Tag. What's that I smell? Why yes siree! I do believe that is the smell of a 42 USC 1983 action turning ripe.

BrianR 9 years, 1 month ago

This reeks of government tyranny. What's next?

Sigmund 9 years, 1 month ago

"We're making a lot of drug seizures, checking a lot of vehicles," said Highway Patrol Lt. Kirk Simone"

Make no mistake the KHPD will not be handing out the special $200 Lawrence Ordinance "wink and nod" violations. These are the regular, old school violations of State Law which will be in Douglas County District Court. I wonder if the City Kommission had not circumvented State Law within Lawrence if the KHPD would have even bothered.

Have your music festival, string your beads, and eat your sprouts I'm down with that. Don't turn this music festival into little more than a cover for a giant drug party. Oh and pick up and take your trash with you as you leave town.

rockchalkjayhawk 9 years, 1 month ago

does anyone else feel bad for the people being stopped. they are just people trying to have some fun. small amounts of pot or whatever their poison is, who cares, let them have some fun so that in 10 years when they have kids they can say hey let's go visit lawrence, i was there when i was younger and it was pretty awesome. Maybe the law enforcement people should start trying to track down real ciminals

happyone 9 years, 1 month ago

I agree rockchalkjayhawk. I'm sure most of the festival goers only have a little grass and booze. I think the KHP's stash has run low and they want to stock back up!!

enforcer -- go take a Midol

conservativepunker 9 years, 1 month ago

Hey DUDE! Don't do the crime if you can't do the time. Be responsible for your actions. Don't blame the "HighPo" for doing their job, and following the law. Those that take illicit substances know the risks of ingesting AND the fact that said substances are illegal, so if you get busted, take it like an adult and don't whine like a bratty 3 year old!

happyone 9 years, 1 month ago

enforcer I don't take meds.... I don't need them!! I'm not a natural B*tch like you are!!

well you know the average woman only has 1 good week a month after all,

1 week getting ready to have 1 week having it 1 week getting over having it

That is an excuse for not being able to control yourself. I am a woman too and never have that problem, but that's OK I understand you are one of those that says I'm a woman I have to deal with cramps so I'm gonna be a b*tch to everyone! I know your type I've seen too many of them....so again I say GO TAKE A MIDOL!! Actually you prolly need 3.

Oh and enforcer when you argue/debate its usually a good idea to choose a side and stick with it......I realize you have problems with this but at least try

monkeyhawk 9 years, 1 month ago

Perhaps this could just be a good old puff in the face of our city "fathers". Maybe it is retaliation for their pot policy, for screwing with our taxes, for delaying construction on the traficway, for their bans, for their official protest of the patriot act, and the list goes on. These things do not go unnoticed, so it might be pay back time.

Once again, merrill does not cease to amaze in his reaction to his perceived infringement on human rights. WHAT A HYPOCRITE!!! It is soooo ok with him if his neighbors and fellow lawrencian taxpayers are intruded upon. He would rather the forces go after the country club set and those who travel for games, etc. and who actually inject dollars into our economy. But he is outraged when they go after out of town freaks who will leave piles of garbage and undoubtedly will tickle only the coffers of liquor stores after losing their stashes.

compmd 9 years, 1 month ago

Stop complaining about what you don't understand.

This checkpoint falls under the supreme court's permitted checkpoints under Indianapolis v. Edmond. The purpose of the checkpoint is vehicle safety and DUIs. This is legal under the supreme court's 1990 decision in Michigan State Police v. Sitz. So, the Edmond case has NOTHING to do with the checkpoints set up here right now. The checkpoint's purpose is to verify vehicle compliance with state law (lights, horn, brakes), the validity of the driver's license, and to cite those driving under the influence. So long as drug detection is not the primary reason for the checkpoint, the checkpoint is valid under the fourth amendment.

Move along.

donknotts 9 years, 1 month ago

What a shame. How typical of this ignorant state. I'm embarrassed to live here and proud not to originally be from here. This is clearly a discriminatory illegal action by the KHP and should not be tolerated. Unfortunately there isn't anyone worth complaining to in this Red state.

I have to think the promoter is being a bit disingenuous - just a couple of weeks ago there was a story where he was touting how "security" would be doubled this year. That told me all I needed to know. What he should have said is that his payoff to Douglas County more than doubled. Lots of overpaid overtime for the muscle this year!

As for this police action on I-70, what a waste of our tax dollars. Wakarusa is one of the biggest things happening in Kansas and of course the fascists need to get their share of the pie.

But don't worry - word has already spread and anyone in the know won't be taking the k-10 exit. Unfortunately there will be plenty of innocents that didn't find out in time.

Why does this state work so hard to reinforce the widely held view that Kansas is an ignorant backwater?

monkeyhawk 9 years, 1 month ago

"This is probably the most outrageous thing that I have seen in Lawrence lately and I'd bet there is more on the way!"

If I truly examine my conscience, I would have to agree with you, Marion. It smacks of Operation Intercept in 1969. But I also see the hypocrisy of some of the worst intruders on our freedoms that I have ever experienced.

I think that anyone can figure out that this is not random. Some higher powers might be embarrassed by the national attention brought to our state by our local leaders. It is unfortunate that it will be out of towners paying the price.

muffaletta 9 years, 1 month ago

"Drug Dealers fund Terrorism"

Wow ... propaganda does work.

Linda Endicott 9 years, 1 month ago

Seems to me that if they truly wanted to find people driving under the influence, then they would be checking cars LEAVING the festival, not going in.

If their objective was to stop people from using drugs and alcohol, it was a useless effort. Even for those who were found with a small amount of drugs, how long does it take to leave by another route, go get more, and come back by a different route?

Nice mention of all those prescription drugs, enforcer. Do you know that you can also be charged with a DUI if you are under the influence of a prescription drug?

Linda Endicott 9 years, 1 month ago

Why doesn't anybody complain when they have just a sobriety checkpoint, and they're looking for drunks? You guys must really love your weed.

OldEnuf2BYurDad 9 years, 1 month ago

This is what I have a problem with:

"There's a lot of tripping hippies, and they love it,"

That's a quote from one of the organizers of the event! Anyone who wants to pretend that this music festival is NOT steeped in drug culture is simply not being honest about it. This is a drug/music festival, and the cops are doing the right thing under the circumstances. Next year, you can bet that there will still be a festival, but you can also believe that the dealers will think twice about bringing their crap to our town.

Again, I would like to see the LJW do a story on the arrests being made. If the cops are actually finding drugs, then this roadblock thing is justified. That's the "proof in the pudding".

dizzy_from_your_spin 9 years, 1 month ago

Conventional wisdom is that anytime a US soldier or federal employee commits a transgression or makes a mistake, it's all George Bush's fault.

Ergo, as this is the KANSAS Highway Patrol, Kathleen Gilligan Sebelius is solely and singularly responsible for this dust-up.

ForThePeople 9 years, 1 month ago

Posted by: Happyone Oh and enforcer when you argue/debate its usually a good idea to choose a side and stick with it......I realize you have problems with this but at least try. HAHAHAHA

And although I seldom agree with Marion....this is blatant discrimination, regardless of the reason!

monkeyhawk 9 years, 1 month ago

Good point, agnostick. This venue could be a rich target. But like Canada, I think our local leaders would express great surprise at such an attack. After all, they are a peaceful bunch.

Liberty 9 years, 1 month ago

We should clear up one thing for those that like to tout the Supreme Court made this and that legal.

From what I understand, the Supreme Court does not make any laws, and can not make any laws. Only Congress can make laws.

But with the help of people mistakenly thinking that the Supreme Court makes laws, the Supreme Court has been allowed to exceed their authority as if they did make laws.

monkeyhawk 9 years, 1 month ago

How is this much different from security checks at the airport?

ForThePeople 9 years, 1 month ago

Marion...though I myself love that quote...it WAS spoken in 1759. There's no denying that the times are VERY different!

mztrendy 9 years, 1 month ago

what I don't understand is its only the traffic exiting from the east? what about all the Topekans?

westcoastmama 9 years, 1 month ago

www.leap.cc

go there and recommed it to a friendly law man

monkeyhawk 9 years, 1 month ago

Woodstock was an anomaly. There were no plans in place for mass crowd control since nobody had any idea how many would show up. (It was also not held in a city.)

While Woodstock was extremely peaceful, it was also the same year as Altamont. There will never be another Woodstock because at that time, most of us in our early 20's were united in a cause (Viet Nam). We were also there just to have a great time, see some of the best bands in the world and forget about the war. The conditions were horrendous, but the brotherhood was far beyond anything I have ever experienced. It will never happen again because most of us do not see the world through those rose colored glasses anymore.

westcoastmama 9 years, 1 month ago

remeber at woodstock when it was said... "there are more of us than there is of them."? Now we are them.

westcoastmama 9 years, 1 month ago

enforcer, is that the book where the guy turns into a cockroach? or the band?

admills 9 years, 1 month ago

Could this "check lane" be called, "profiling?"

westcoastmama 9 years, 1 month ago

maybe dead but often the law is still merely the tyrants will.

mztrendy 9 years, 1 month ago

I guess I just don't understand why it's such an issue. I mean, if you don't have anything to hide, why does it matter? Or if you don't have the time to stop, exit at one of the other 2 lawrence tolls.

moveforward 9 years, 1 month ago

I LIKE IT! - just some backyard boss hog economics.

Cut off the outside source through check points, searches and confiscate the out of town goods. Then the locals can swoop in and sell 'em more, therefore stimulating the local economy. Very nice... homegrown thinking.

BorderRat 9 years, 1 month ago

Hey, what ever happened to the "Big Eat?" Haven't been back to Lawrence in years, but it was the festival I remember. Then Sheriff Rex Johnson always let us have our fun back in the day. (except when Verne Miller came to town)

mztrendy 9 years, 1 month ago

Marion, I guess if they'd like to, they sure can. Again, I have nothing to hide, in my car or in my own home.

justathought 9 years, 1 month ago

I live RIGHT by 23rd and wak. I frequent the last gas station before you leave town. I personally can't wait for this to be over. I just can't stand the SMELL. MY GOD THE SMELL.

jayhawk72 9 years, 1 month ago

I work at a tobacco store and just had a customer come in and inform me that traffic is backed up all the way to wakarusa for the festival. hope its not the checkpoint making traffic a mess.

jayhawk72 9 years, 1 month ago

marion: who didn't know that police in this town are just a WEE bit crooked

ryanjasondesch 9 years, 1 month ago

It's sad that the police departments hate people coming and spending money in our community. What a shame. And like it's even gonna make one iota of difference. I've been to many festivals and its NO PROBLEM to get what you want, regardless of any police presence or activity. But thank God we've got the government to look out for us, otherwise we'd be obviously lost. . .

jayhawk72 9 years, 1 month ago

Could we possibly have any orgaization serching and seizing what might be on the officers that are serching and seizing? Lets see how well they like to be treated in the manner that we are being treated..Lie down Lawrence and take it in the back side.

jayhawk72 9 years, 1 month ago

crap....searching...typo...sorry folks

BorderRat 9 years, 1 month ago

greyheim, I agree. While I too have nothing to hide, I never have nor will I ever give anyone, Law Enforcement or otherwise, my consent to search my belongings or my home. Guess I'm just a private sort of person.

PS. Marion, I know many very fine Police Officers around the United States. Please don't be so naive to assume all are as depicted in that web posting.

Thanks,

BorderRat.

flintcowboy 9 years, 1 month ago

We con't want any grill-cheese crazed maniacs to go on a rampage. We can sleep at night knowing we've got the police protecting us from dangerous peddlers of illegal grilled cheese. Fans from out of state may not like it, but we got to protect our young people.

mztrendy 9 years, 1 month ago

What I'm saying is I'm not going to get all freaked out over a little check lane hosted by the super troopers. It's only a big deal if you are hiding something. Really, what is the difference between this and a drunk lane? nothing. If you have something to hide going through this lane, you're probably worried. If you're drunk at at DUI check point, you're worried. I think the reasoning for this checklane isn't for the troopers to be @ssholes, its to protect people. Same for a DUI checkpoint. And it makes me feel a little better. At least I know they are trying to keep people safe, whether it be the ones at Wakfest or my family on the highway.

Confrontation 9 years, 1 month ago

"He said working with the mellow fans at Wakarusa is a welcome change from working at hard-rock concerts, where things can easily get violent."---Did he say hard-rockers can get violent?! Wow! According to LJWorld posters, I thought only rappers could get violent!

ryanjasondesch 9 years, 1 month ago

Right, people will have to spend more money on legal crap in the short term. Then they won't come back next year for the festival, they'll tell their friends, they'll tell their friends, word spreads "Hitler's Gestapo is alive and well and living in Lawrence." Festival over, less money for Lawrence. THERE IS LITTLE IF ANY VIOLENT CRIME OR OTHER ILLEGAL ACTIVITY AT THIS OR MOST OTHER FESTIVALS! So f/n what if someone wants to smoke a joint at their campsite. They're not coming in town, visiting schools and selling crack to 3 year olds! I laugh when I hear the diatribe of freedom in this country.

ryanjasondesch 9 years, 1 month ago

mztrendy: Yes, we're all safer and a little less free aren't we? Well, at least I have police to keep me safe cuz I guess I'm completely helpless well it comes to protecting my own safety, phew! Maybe we should all have them in our houses so we don't accidentally step into the bath tub with a plugged-in toaster. . .

mztrendy 9 years, 1 month ago

I'm sorry I'm not in the mindset where I think everyone is out to get me. That some people actually are here to help. My mistake I guess. I'm sure those troopers want to be standing out in the 95 degree weather sweating their balls off checking vehicles as much as you people want them to be there. But I'm betting it wasn't their decision. Probably came from somewhere a little higher up.

Ryan so if you're driving on the highway and you're hit by a drunk driver, you could prevent that?

staff04 9 years, 1 month ago

I think Marion should be locked in a chat room to argue with himself for the rest of the day as punishment for all the babble and nonsense...

Sigmund 9 years, 1 month ago

Note to festival goers: If you get busted outside of Lawrence for pot, you will be subject to criminal prosecution. If you get busted inside Lawrence, it just a city infraction. Please smoke your grass inside Lawrence. Help support the local economy. Oh, and stay away from the brown acid.

lawrencechick 9 years, 1 month ago

This does seem like a little overkill. Can you imagine if this were a Rap concert and they were profiling like this? Jesse Jackson would be here in a heartbeat. The hippies have no representation!

monkeyspunk 9 years, 1 month ago

You guys crack me up. Seriously. You think this checkpoint is all that is going on?

In past years, law enforcement has taken a passive stance on drugs at the festival. Only confiscating the narcotics, and arresting only in if the person causes problems or there was a large amount involved.

Not this year folks. You guys let one of your own smelly beggars die last year, and Law Enforcement has come in for the kill.

If any of you festival go-ers are on your way out there today, you had better warn your friends. The Lawrence Police, Douglas County, State Police, KBI, and ABC are all on the look out. And they will be taking you to jail if you have narcotics at the festival. This is the policy they are working on. Trust me.

Oh...what a smelly place the holding area is going to be.

ryanjasondesch 9 years, 1 month ago

No, but there's a fine line to tow between police intrusion, personal responsibility, and government control. I don't think it is right for them to pull over everyone (well at least out-of-towners with no k-tag) and attempt to search their personal property. These people are going to the festival, they're not gonna be roaming the streets of lawrence with drugs in one hand and guns in the other. This is a WASTE of those officer's time, and I'm also sure it's not their choice to be there, but rather the choice of the jerks who run this state. They could be fighting real crime instead of picking on peaceful concert-goers. They're clogging court systems and prisons with people doing what they should have a right to choose to do, and wasting ever more precious resources against something they can never stop.

ryanjasondesch 9 years, 1 month ago

monkeyspunk: Kinda like the federal government putting up a hell of a fight in the drug war, right? If you think I'm scared, well maybe if you were here you could tell by the volume of my laughter.

monkeyspunk 9 years, 1 month ago

ryan:

I am sure you are REALLY brave sitting in front of your computer right now. Haha.

Wow, some cajones there.

staff04 9 years, 1 month ago

Marion- Good one. You got me again.

ryanjasondesch 9 years, 1 month ago

and you didn't respond to the issue, I didn't say anything about you bro, just don't tell me to be scared of the police, I'll be just fine.

mightyquin 9 years, 1 month ago

I wonder if the KHP will be doing checkpoints at the Country Stampede tis year?

mztrendy 9 years, 1 month ago

Mighty, I wondered the exact same thing.

mightyquin 9 years, 1 month ago

Couldn't that be considered profiling? Just because of the kind of music being played the authorities decide that there must be drugs being used.

monkeyspunk 9 years, 1 month ago

Ryan: I am not talkign about the grand 'War on Drugs', I am talking about the new policy concerning the music festival. And as a result of that overdose incident last year, local law enforcement has decided to take a more aggresive stance toward drug users.

I am not telling you to fear the police John Wayne, I am just letting you and anybody who might be headed out there, that they aren't just going to take your stash now.

Things have changed. Perhaps law enforcement should have been a little more forward about what is going to be happening now with the promoters, but it is too late now.

monkeyspunk 9 years, 1 month ago

Mightyquin:

Uh no. The reason they are cracking down is b/c some guy got too crazy with the pharmaceuticals and died. Before that, deputies would walk around (more often drove around on their ATVs) and if they saw drug use, they would politely walk up and request that the guy hand over any drugs, and would leave them on their merry way.

Fact is, Law Enforcement was embarrased by the death of that guy. They knew illegal drugs were being used and sold in huge amounts, and their passive enforcement resulted in someones demise.

Kelly Anderson 9 years, 1 month ago

My niece goes to the stampede every year and they have law enforcement all over the place, even under cover.

Guess what guys, Lawrence isn't the only place in United States that does checkpoints and has festivals. Some states even have festivals every weekend in the summer.......

CERTAIN DRUGS ARE ILLEGAL.......THAT IS THE BOTTOM LINE.

There was a death and a missing person last year......that should not have happened.

Whatever it takes to keep me and mine safe.....because I don't have anything to hide either. I know that not everyone and everything is corrupt when you don't agree with what is taking place. I also know, THAT THERE ARE TWO SIDES TO EVERY STORY......learned that one the hardway. Even for the good/bad guys.

dizzy_from_your_spin 9 years, 1 month ago

Attention shoppers: the stockpile of soap and deodorants are expected to remain plentiful in Lawrence and Douglas County this weekend.

However, be sure to stock-up early on all snack foods.

Linda Aikins 9 years, 1 month ago

I hate when these posts turn into the Mitch Miller show.

Kam_Fong_as_Chin_Ho 9 years, 1 month ago

If these measures prevent even one person from dying of an overdose at this year's event, it is all worth it.

Confrontation 9 years, 1 month ago

Stabbing at a country event?! No! There's no way! They aren't black and don't listen to hip hop, so how could they be violent?!

monkeyspunk:"Oh...what a smelly place the holding area is going to be."

I wondered why the smell of unemployment, free-loading, and dirty hair had covered the town. I now have my answer (and it's not the homeless population).

Liberty 9 years, 1 month ago

Article IV

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Just so we all know what the law really is.

Sigmund 9 years, 1 month ago

The Supreme Court of the United States has determined that these kind of traffic stops are not "unreasonable searches". But don't take my word for it, go out to Wak, get yourself busted, and spend a good part of the next decade. tens of thousands of dollars appealling your conviction. If the SCOTUS agrees with you Ill buy you a beer, a really good beer.

westcoastmama 9 years, 1 month ago

for those of you who think that "if you have nothing to hide, you have nothing to fear" you have never heard of 'planting evidence?' it does happen. depends on how dirty the cop is and how badly he wants a promotion.

Liberty 9 years, 1 month ago

My previous post bears repeating:

We should clear up one thing for those that like to tout the Supreme Court made this and that legal.

From what I understand, the Supreme Court does not make any laws, and can not make any laws. Only Congress can make laws.

But with the help of people mistakenly thinking that the Supreme Court makes laws, the Supreme Court has been allowed to exceed their authority as if they did make laws.

gphawk89 9 years, 1 month ago

I've yet to read either the body of the article or any of the comments, but going by the title alone it looks like it's time for everyone to start whining about how their rights are being violated again. Whine, whine, whine!

gontek 9 years, 1 month ago

Here is part of a song I found to be very fitting:

It was the summer of love and I thank the stars above Because the woman took a lovin over me And just to gain her trust I bought a microbus Because I sold off all my personal property

A tight tye-dye dress she was a psychadelic mess We toured to the north, south, east, and west We sold some mushroom tea we sold some extacy we sold nitrous, opium, acid, heroin, and pcp

And now I hear the police comin after me Yes now I hear the police comin after me The one scarlet with the flowers in her hair shes got the police comin After me

Sigmund 9 years, 1 month ago

Perhaps my post needs repeating, the SCOTUS has ruled that these kinds of stops do not violate the Constitutional protection against "unreasonable searches and seizure." My understanding is that the SCOTUS gets to make those kinds of determinations, and has.

But don't take my word for it, go out to Wak, get yourself busted, and spend a good part of the next decade and tens of thousands of dollars appealling your conviction. If the SCOTUS agrees with you Ill buy you a beer, a really good beer.

HolidayRoad 9 years, 1 month ago

Wow, the highway patrol is rousting a bunch of scorched dopers. Where's the public outrage? (cricket chirping)

conservative 9 years, 1 month ago

Liberty,

You are correct, The Supreme Court cannot make laws. However they do interpret them and are the ultimate arbiters on what is constitutional and what is not. They have ruled that this type of stop is not against the constitution. You are free to disagree with them all you want, but it won't keep anyone out of jail if they are arrested at the stop.

Cisco 9 years, 1 month ago

Yeah, ok. Stop and harass an entire freeway full of cars without cause.

There's nothing at all unconstitutional, or un-American about that.

Baille 9 years, 1 month ago

"Drug Dealers fund Terrorism."

So do diamonds. And international banks. And arms manufacturers. And the CIA under Reagan. And Oliver North before he found TV. And on and on and on.

Baille 9 years, 1 month ago

"his checkpoint falls under the supreme court's permitted checkpoints under Indianapolis v. Edmond. The purpose of the checkpoint is vehicle safety and DUIs. This is legal under the supreme court's 1990 decision in Michigan State Police v. Sitz. So, the Edmond case has NOTHING to do with the checkpoints set up here right now. The checkpoint's purpose is to verify vehicle compliance with state law (lights, horn, brakes), the validity of the driver's license, and to cite those driving under the influence. So long as drug detection is not the primary reason for the checkpoint, the checkpoint is valid under the fourth amendment."

That ain't the deal here, Spanky.

The KHP is stopping only people without a KTAG. They admit their primary purpose is drug interdiction ("It's an aggressive anti-drug effort that police said was to ensure safety."), and they are being paid with drug interdiction funds.

This crap stinks. 1983 action...ripening on the vine.

Baille 9 years, 1 month ago

"Perhaps my post needs repeating, the SCOTUS has ruled that these kinds of stops do not violate the Constitutional protection against "unreasonable searches and seizure." My understanding is that the SCOTUS gets to make those kinds of determinations, and has."

Perhaps you should read the law on the issue. Checkpoints are only constitutional under very specific guidelines. Whether those guidelines are met is a question of fact. The facts in this case would arguably support the proposition that the checkpoint being executed at 10 and I-70 is unconstitutional.

Case law is cited. What is your analysis that says these searches are constitutional?

Sigmund 9 years, 1 month ago

Marion- Yeah we get it already. We are losing our rights and are one step away from the facism of the AIDS/HIV infected, non-smoking, frog loving, demon-rat, Anti-Christ, Gov. of Kansas.

I for one would sell my eternal soul and welcome her satanic rule if she would just SHUT YOU UP!

Thanks Sigmund

mztrendy 9 years, 1 month ago

Sigmund, can you even imagine what it would be like to know everything about everything in the world??

Sigmund 9 years, 1 month ago

I didn't say THIS search was legal, I said "these kinds stops" were not per se violations. If you believe this checkpoint goes beyond Edmond, feel free to challenge it. You'll need standing, so.....

Go out to Wak get yourself busted , and spend a good part of the next decade and tens of thousands of dollars appealling your conviction. If SCOTUS agrees with you Ill buy you a beer, a really good beer.

Baille 9 years, 1 month ago

"again folks if you are not doing anything wrong no problem."

"It's only a big deal if you are hiding something."

"Again, I have nothing to hide, in my car or in my own home."

"I mean, if you don't have anything to hide, why does it matter?"

"It is only an issue for those who don't want to be busted for possession or have something to hide."

Oh for the love:I can't believe generations of Americans fought and died for principles you people can't even muster up enough concern to understand. "If the illegality of the activity made constitutional an otherwise unconstitutional search, such Fourth Amendment protection, reserved for the innocent only, would have little force in regulating police behavior toward either the innocent or the guilty."

In other words welcome to martial law, sheep. Odd numbered houses will be searched on Tuesdays, evens on Thursdays, with random searches of homes, cars, and persons on every day but Sunday.

Baille 9 years, 1 month ago

"Why doesn't anybody complain when they have just a sobriety checkpoint, and they're looking for drunks?"

Those checkpoints are set-up differently. It makes all the difference in the world under the current interpretation of the 4th Amendment.

Baille 9 years, 1 month ago

Rule 62?

Stay of Proceedings to Enforce a Judgment?

Cisco 9 years, 1 month ago

So illegal search and seizure is ok, for any reason, under the circumstances that you could be doing something illegal? What about 98% of the people there not selling drugs? Oh yeah, I forgot, they're writing tickets for auto violations as well.

This is clearly a scheme a take advantage of concert goers to raise cash. It has not one thing to do with safety or drug prevention. Otherwise they'd be busting the K-pass violators as well for auto violations. Law enforcement is singling out the visitors. That alone is discriminatory. The law can't pick and choose who to bust.

Linda Aikins 9 years, 1 month ago

Anyone else here think Jan Gentry is very glad this is all happening???

Sigmund 9 years, 1 month ago

So the KHP is conducting illegal searches in broad daylight upon tens of thousands of people next to most liberal city in the Midwest and 5 miles from the most activist iiberal law school in the State. Somehow I doubt it. For some unfathomable reason I believe they have read and reread the case law and they have crossed every "T" and dotted every "I" in triplicate, and that none of the forms are missing the requisite signatures, but I might be wrong.

If you believe this is the largest violation of of the fourth ammendment since the Clinton Administration authourized Echelon, please contact a the most sympathetic Senator or Representative of the US Congress (need not be from Kansas but Dennis Moore might be a good choice) and ask they send Federal Troops to uphold the rights of the oppressed hippies, or at the least they could call for the KHP to suspend their actions until an investigation is completed sometime in 2010.

Afterall, if both Marion and Bozo agree on something they both must be right!

Liberty 9 years, 1 month ago

Quote from Conservative,

Liberty,

"You are correct, The Supreme Court cannot make laws. However they do interpret them and are the ultimate arbiters on what is constitutional and what is not. They have ruled that this type of stop is not against the constitution. You are free to disagree with them all you want, but it won't keep anyone out of jail if they are arrested at the stop."


I agree with you. I was just trying to point out that the Supreme Court has been using this 'loophole' to legislate new law from the bench through decisions made. People should be aware of it and take steps to inform the 'authorities' that just because the Supreme Court makes a decision, does not mean that they created a new law by it. They can only strike down existing law, not create new law by a decision. If they think otherwise, or have made laws to allow this, then that law is unconstitutional and therefore illegal. We should take steps to rein in the Supreme Court before law enforcement jumps off of the deep end by "just following the law" when they say it is legal to start to confiscate your guns even though the Constitution says hands off.

Kyle Carter 9 years, 1 month ago

so the organizers of the event are upset about the drug checks but they're going to be cracking down on illegal grilled cheese vendors? makes a lot of sense to me.

Cisco 9 years, 1 month ago

Sigmund, why are you here promoting the bust of random citizens?

It must take a certain type of person to derive pleasure in seeing thousands of rock and roll fans potentially be busted without cause.

Were you in the AV club in high school?

KSChick1 9 years, 1 month ago

missing hippy last year took off and went to another music festival (no big loss and nothing sinister involved)

dead hippy last year (can we all say "nobody forced him to do drugs to tbe point of death") again I say no big loss

Baille 9 years, 1 month ago

"Somehow I doubt it. For some unfathomable reason I believe they have read and reread the case law and they have crossed every "T" and dotted every "I" in triplicate, and that none of the forms are missing the requisite signatures, but I might be wrong."

Ok, that's fine. But that isn't analysis and it isn't an argument. It is faith-based capitulation. The hail mary of rhetorical devices.

Look at the case law and tell me how what the KHP is doing complies with the requirements established under the current interpretation of the fourth amendment.

They can't conduct checkpoints to ferret out ordinary criminal activity. They can conduct systematic searches to check for drivers licenses, up-to-date registrations, and so forth, but only if done one every car or every third car or some nin-discriminatory way. In this case, the KHP is targetting out-of-towners (no KTAGS) for the express purposes if finding drugs. Unconstitutional under the above cited case.

If you disagree, please use the law and the facts to explain to me how I am wrong.

Sigmund 9 years, 1 month ago

Cisco, great question. I was in the AV club! I also did my share of illegal drugs in high school and college. Well maybe more than my share. My preference is that no one get busted for illegal drugs and I don't really have a problem if many of the festival goers discretely use.

What I do have a problem with is a ton of people with no permanent ties to this community, treating Lawrence as their personal party house, trashing it, disrespecting the citizens and the law, then flipping us the finger on their way out of town. Your not my 'buds', I don't act that way in your house, don't act that way in mine.

Sigmund 9 years, 1 month ago

Marion, So all is forgiven? I love you too!

Sigmund 9 years, 1 month ago

Baille, generally it is burden of the oppponents of a State action to show that what is being done violates Constitutional standards, not the other way around. Your KTAG argument does interest me, however I am not sure targeting non-KTAG users would be impermissably non-systematic or discrimination against some protected class. What protected class would that be?

Cisco 9 years, 1 month ago

Fair enough Sigmund,

and I understand your point completely. I'm not sure how hip you are to this music scene, but from what I've seen and witnessed, these large scale festivals tend to be well planned and cleaned up after. Usually have a large scale clean up crews. Lawrence will with out a doubt have small amount of riff raff hanging out after the festy is over with, but I'm sure they'll file out in week or so.

The excitement of your home city hosting a wicked diverse music festival of this magnitude should out way any small amount of problems that come with it. Hopefully the law enforcement doesn't blow the whole thing.

jhawkrawk 9 years, 1 month ago

I would like to offer my sympathy to those attending the Wakarusa Music Festival. It seems that you have been met by the "welcome wagon" of Kansas, our conservative politics.

Born and raised here, I have always admired the kindness of our citizens. But, Lawrence is a blue island, surrounded by a sea of red. Please, do not judge our loving city by the way you were treated by the state.

Although we can make no excuses for the state, we would like to welcome you! Most of us are so happy that many of you travel thousands of miles to visit our little island.

We hope you return. We cannot make any promises, but many of us will do whatever it takes to make sure you feel more welcome, the next time you come to town.

By the way, if Kansas has so much drug enforcement money available, why aren't we cracking down on the clubs that harbor the worst threats to our city since Quantrill, namely gangs fighting for our "territory"?

It's time to roll out this "unwelcome mat" to those who visit a certain club downtown, every weekend. Thugs with drugs and guns must be weeded out, but leave the peaceful hippies alone.

Baille 9 years, 1 month ago

The concept of a "protected class" has no bearing on the analysis whatsoever. It is not and has never been part of the legal test in determining the constitutionality of detaining motorists absent specific probable cause of criminal wrongdoing, or in some cases a reasonable suspicion of imminent danger.

The framework for the analysis has been cited to above and the line of cases is available on Findlaw. I have met my burden and have made a prima facie case of why the KHP search as executed is unconstitutional - at least as much as possible in this medium. You have responded by explaining how violating the constitution is inconceivable when the checkpoint is so close geographically to Lawrence and KU law school. I have submitted to you this is insufficient to rebut the very basic arguments offered to establish a violation, and would again invite you, as champion of the State action in this case, to rebut my charges. You do not even necessarily need to resort to Findlaw, but could simply read the two or three cases cited in this thread.

I look forward to your response.

btmjay 9 years, 1 month ago

The checkpoint is illegal and violates 4th amendment rights if it is looking for "GENERAL INTEREST IN CRIME CONTROL". As seen in Delaware vs. Prouse (40 US 648) the supreme court held in favor of Prouse.
Sobriety checkpoints are legal because they protect IMMEDIATE vehicle-bound threat to life and limb. A hippy with a bag of mushroom doesnt impose an immediate threat.
CIty of Indianapolis vs Edmond (531 US 32) points out that drug checkpoints or "general interest crime control" stops were unconstitutional. The cops could care less if they are breaking the law as long as they dont get pointed out. With that say just because they' re doing it doesnt make it legal. Also, I really could care less if they arrest and fine these hippies, but if you dont draw teh lines for your rights, you might end up getting them slowly taken away.

btmjay 9 years, 1 month ago

KHP could say they are check for valid DLs, but with funding from a "drug group" they have nothing to stand on. I dont agree with drugs or using them, but if they take away on right today and no one does anything, then we leave an open door to take awat more of our rights in the future. Tommorrow these same hippies may end up in jail for freedom of speech.

ForThePeople 9 years, 1 month ago

Oh Marion....giggle, giggle, giggle! Sadly though, I'm sure anyone to whom that is addressed will never read these postings!

Christine Pennewell Davis 9 years, 1 month ago

marion still on here at 10:20 pm is that a record? I have noticed alot of your post get removed. Ihad one removed the other day, was not that bad so no idea why so I give you the benafit of the doubt on most of yours removed.

bullistic 9 years, 1 month ago

I cannot wait for this thing to be finished. The hippies seem to be thicker on Mass St. than ever.

What is sick is that that they keep on using their dogs as an excuse to be worthless beggers.

No I do not have change so you can feed your $500 chihuahua puppy, but I will gladly take him off your hands you dirty bastard.

Christine Pennewell Davis 9 years, 1 month ago

no problem, I must say it makes me mad because then I have no idea what ihas been said and it makes it impossible to reply. just ljw at work I guess. your post are usually interesting. I might not agree with everything, but I do like to hear what you say, read what you say.

zzgoeb 9 years, 1 month ago

macon47...

What about Rush? Why isn't he in jail? White, rich, famous, fat? And cigs aren't drugs? Ever notice how smokers can't remember what you just said?

Nancy Reagan threw a cocktail party to just say no to drugs...how much Viagra did we sell last year? Enjoy the morning caffiene buzz?

macon, you need to change the handle to maroon47...

peace out, dawg!!

gbaker 9 years ago

I came across a group of gypsie individuals this morning in a beat up old school bus that was painted black with everything in the world strapped to it asking for directions. So I gave them directions to Perry Lake.

KSChick1 9 years ago

LOL gbaker

should have sent them on their way to Colorado or Nebraska or somewhere not even in KS

ForThePeople 9 years ago

gbaker.....Now that is just mean...remember what goes around comes around!

gamecat 9 years ago

What's the Matter with Kansas? by Thomas Frank

people like gbaker do nothing but support the claims in this book.

Drugs are here to stay people, its not a crime but a social problem.

War on Drugs War on Terrorism War on Poverty War on homeless

It will never be solved when treated this way.

But then again, this is Kansas so it doesn't surprise me. You people still think the world is flat.

KSChick1 9 years ago

uhhhh gamecat: I do not think the world is flat

and drugs are a crime, if you think they are not, go possess, use or sell them and see what happens

Baille 9 years ago

Kohlberg. Stage 4. Little chance of further development.

Commenting has been disabled for this item.