Legislature(1999 - 2000)
1999-05-17 House Journal
Full Journal pdf1999-05-17 House Journal Page 1566 HB 135 Representative Green moved and asked unanimous consent that the following letter from the Dept. of Law, Criminal Division, dated May17, 1999, regarding: CS FOR HOUSE BILL NO. 135(JUD) am "An Act relating to use of eavesdropping and recording devices by peace officers." be spread in the journal. There being no objection, it was so ordered, and the letter appears below: "The Hon. Pete Kott, Chair The Hon. Joe Green, Vice-Chair The Hon. Jeannette James The Hon. Beth Kerttula The Hon. Eric Croft The Hon. Lisa Murkowski The Hon. Norman Rokeberg House Judiciary Committee State Capitol Juneau, Alaska 99811-1182 Re: CSHB 135(JUD) am 1999-05-17 House Journal Page 1567 HB 135 Dear Representatives: I am writing in support of HB 135, which allows for safety monitors to protect Alaska's peace officers who investigate crime. I am an Assistant District Attorney for the state in Anchorage, and have been responsible for the prosecution of persons charged with drug offenses since 1993. The nature of criminal investigation has changed since the Alaska Supreme Court decided State v. Glass, 583 P.2d 872 (Alaska 1978). The investigation of certain crimes, especially drug offenses, has become much more hazardous to peace officers. The changing nature of crime investigation is a result of several factors. In drug cases, a significant factor contributing to the changes is the type of drugs being manufactured, used, and delivered. Crack cocaine and methamphetamines are now prevalent in Alaska. Crack cocaine is commonly sold either in an "open air" or a "crack house" transaction. Each transaction requires an undercover officer to be out of sight, and often out of the area, of backup officers. Without a safety monitor, the undercover officer is unable to direct the backup officers to his or her location to help in an emergency. The people who sell the illegal drugs are often seriously addicted and desperate to obtain money. Undercover officers have been robbed and assaulted before the surveillance officers know that help is required. Another factor that increases the danger of undercover investigation is the rise in the production and sale of methamphetamines. The materials and procedure to manufacture methamphetamine are highly volatile and dangerous. Laboratories are often hastily set up and taken down. The danger, however, while the production occurs, is serious to all persons and property in the area. The safety monitor will allow peace officers to enter these premises while being protected by backup and to act quickly to shut down these dangerous operations. Probably the most critical change in the nature of the investigation of drug cases, is the significant increase in the presence 1999-05-17 House Journal Page 1568 HB 135 of firearms possessed by drug dealers, and in drug related homicides. When Glass was decided in 1978, undercover peace officers rarely encountered suspects armed with a firearm. Unfortunately, the majority of drug dealers are now armed. In Anchorage alone, there have been numerous homicides resulting from drug transactions over the last several years. In other areas, marijuana growing operations have been directly related to many homicides in the last decade. Peace officers need effective backup for protection in these dangerous situations. Investigation of other cases often requires undercover police work; for example, in the investigation of prostitution, there must be undercover officers on the street, at risk to persons who prey on prostitutes, such as armed robbers, kidnappers, and rapists. A safety monitor would allow backup officers to intervene much sooner. Alaska's peace officers protect ordinary citizens from people who commit dangerous crimes while armed with firearms. They need the protection of a safety monitor. Very truly yours, BRUCE M. BOTELHO ATTORNEY GENERAL By: Phil Moberly Assistant District Attorney Chief, Narcotics Enforcement Anchorage, District Attorney Office"