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The Honolulu Advertiser
Posted on: Sunday, February 11, 2007

Eradicating drug houses a challenge

By Peter Boylan
Advertiser Staff Writer

REPORT ACTIVITY

To report suspected drug activity in residential areas:

  • Call (808) 586-1328 on O'ahu

  • Call toll-free (800) 9N0-METH (966-6384) on Neighbor Islands

  • Report online at www.hawaii.gov/ag.

    Information needed to help investigators with a complaint include:

    Location: Exact address (if possible) or description of location.

    Suspects: Names — full names, any personal information will help.

    Description: Height, weight, hair color, eye color, complexion, type of clothing worn, ethnic background

    Vehicles: License plate numbers (Hawai'i, California, etc.) of any vehicles used by the suspects, description of vehicles (color, 1 or 2 door, etc.)

    Drugs: Type of drug that you believe is being sold or used.

    Activity: What type of activity is happening to make you believe that possible drug dealing is occurring. For example, vehicles and people coming and going at all hours, frequent loud parties.

    Date and time: Note the time that the illegal activity is occurring (try to be accurate. Example: Between 9 p.m. and 4 a.m. This helps the investigator).

    Contact number: Complaints can be made anonymously, but a name and contact number can help the investigator greatly. All information is kept confidential.

    Source: State Attorney General's Office

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    Residents who want to rid their neighborhoods of drug houses can't always expect immediate results, but officials say they are successful in shutting down houses in about half of the reported cases.

    Drug houses — private residences where drug dealers have stockpiled cocaine, methamphetamine or marijuana and set up shop — are difficult to disrupt and eradicate, law enforcement officials said.

    "If we were able to talk to everybody in every community you'd find a suspected drug house. Your middle-class or upper-class drug user does not want to go to Chinatown to buy drugs; he wants to go to a nice neighborhood where he feels comfortable and make his purchases there," said Mark Miyahira, deputy state attorney general and member of a special attorney general's unit created specifically to target drug houses. "Now, being able to get into them and stop them is another story — that's a hard thing."

    Entering a private residence based on a neighbor's suspicion is illegal, and detectives investigators with the attorney general's office have to gather substantial evidence, including at least one undercover drug buy, before they can apply for a search warrant and enter the home.

    Neighbors' assertions that strange cars pull in and out of a house where activity continues around the clock is not enough to justify a search by law enforcement officers, much less arrests.

    "Of course, each situation is different, some difficult, others not. Research must be conducted first. We need to gather as much information as possible to plan a course of action. Computer checks are conducted seeking informants, as well as conducting surveillance. All of which are time-consuming but are important to a successful resolution," said Maj. Kevin Lima, head of the Honolulu Police Department's narcotics/vice division.

    "It is not as simple as knocking on the door and asking suspects to confess. Typically, as you would have guessed, they are not inclined to give up. Law enforcement must gather admissible evidence that would prove beyond a reasonable doubt that the defendant committed a crime and all the necessary procedures and safeguards were followed and not violated."

    A new report from the state attorney general's office provides the scope of the problem.

    From 2003 until November, Honolulu police and the attorney general's office received 879 complaints of drug houses on O'ahu and have successfully shut down 437 drug houses through arrest, eviction or civil lawsuit, the report says.

    Hawai'i County was second with 133 complaints, followed by Kaua'i's 94 and Maui's 86.

    Police and federal agents initially must rely almost completely on intelligence gathered from the public.

    But the extent to which law enforcement can respond is limited by the amount and quality of information they can gather from the community.

    "All drug intelligence information provided by citizens has to be corroborated by law enforcement. It is important that citizens provide as much details as possible, which will greatly assist officers in obtaining the required evidence to effectively address the situation," said Anthony D. Williams, assistant special agent in charge of the U.S. Drug Enforcement Administration's Honolulu district office.

    "The level of manpower required to address complaints will depend on the accuracy of the information and other factors. It is important for people to know that their calls will make a difference."

    PROBLEM AREAS

    According to the report, the majority of the drug houses reported on O'ahu were in the Kailua, Pearl City, Kane'ohe, Kahuku, Wai'anae, 'Ewa and Kapolei communities.

    However, "I think it is counterproductive for people to assume that this problem can be narrowed down to certain areas," Williams said. "This is an islandwide problem, and we must all work together in addressing it."

    Of the eight police districts on O'ahu, the Pearl City area received the most complaints with 163, according to the AG's report.

    There were 154 complaints in both the Kailua/Kane'ohe/Kahuku area and the Wai'anae/'Ewa/ Kapolei area, 109 in both the East Honolulu and Wahiawa/North Shore area, 84 in Kalihi, 76 downtown and 30 in Waikiki.

    Legislators say the attorney general's report echoes what they are hearing from their constituents.

    Sen. Clayton Hee, D-23rd (Kane'ohe, Kahuku), the Senate Judiciary chairman, said drug houses are too common in the communities he represents.

    "The drug complaints have not subsided as time has gone by. It's still prevalent, and in some areas it has escalated," Hee said. "The rural areas, like the North Shore, like Kahalu'u, are where drugs are becoming a very serious problem. It's clear to me that the Legislature needs to ramp up a more forceful response statewide."

    Senate President Colleen Hanabusa, an attorney, said she understands the complicated legal path law enforcement must follow but said the community complaints continue.

    She said the Legislature has taken advantage of every chance to help law enforcement by amending laws and calling for stiffer penalties. Civil and criminal proceedings take time, and sometimes that lag is perceived by the public as a lack of progress, she said.

    "I didn't believe it was going to be so simple as to go in there and eradicate it," Hanabusa said. "The more terrible the situation, the longer it takes to handle. That's why the public thinks nothing seems to be happening."

    The 133 complaints generated on the Big Island tell law enforcement that community members are taking a stake in their neighborhoods.

    "I've seen the complaints increase because I think communities themselves are not as afraid to report these houses as they were in the past," said Hawai'i County Police Chief Lawrence Mahuna. "We have a very large island, but people believe that something is going to be done."

    Police have said that one recourse under the law is a "geographical restriction," or barring a person from being on a property or even an area of the island. In extreme cases, a court can order that a building be shut down for up to a year.

    A property owner must be compensated for such a closure.

    The attorney general's office often follows up on investigations opened by police or other law enforcement agencies, and by working with the police, a drug house's reputation and history can be supported by documentation when a case finally makes it to court.

    Some residents are wary about informing on drug dealers, especially at the outset of a case when their testimony might be needed to secure the initial court order.

    After the initial court appearance, residents who want to complain that dealers have returned can do so anonymously.

    Reach Peter Boylan at pboylan@honoluluadvertiser.com.