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Targeted Anti-loitering Laws: Constitutional Violation or Community Protection?

NCJ Number
129892
Journal
Responsive Community Volume: 1 Issue: 2 Dated: (Spring 1991) Pages: 65-68
Author(s)
R Conner
Date Published
1991
Length
4 pages
Annotation
The city of Alexandria, Va. has passed a new ordinance that makes it a misdemeanor to loiter with the intent to distribute drugs and that has supported by anti-drug activists and opposed by civil libertarians.
Abstract
A citizen task force appointed by the city council initiated the idea due to concern about blatant drug-dealing on streets. The ordinance tried to comply with United States Supreme Court decisions by permitting an arrest only when police have probable cause to believe that a person is loitering with the intent to distribute drugs. The local black community was divided in opinion regarding the ordinance, but a lawsuit challenging the ordinance was successful on the technical grounds that it criminalized a substantial amount of constitutionally protected activities. The city council has decided to amend the ordinance rather than appeal the decision. The issue such laws raise is likely to reach the United States Supreme Court, and citizens, elected officials, and judges must consider whether these ordinances represent reasonable demands or violations of individual rights.

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