Drug War

How Drug Cops Go Bad

We shouldn't be surprised when the police officers we ask to break the laws they enforce turn corrupt.

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If you browse the website of Law Enforcement Against Prohibition (LEAP), you will notice a conspicuous theme: The war on drugs is corrupting America's cops.

LEAP, a group of current and former cops, prosecutors, and judges who oppose the drug war, lists "police corruption and misconduct" as one of the four main topics covered by its speakers. The profile of former Portland, Oregon, Det. Donald Dupay, for example, says he "witnessed the unintended consequences of the war on drugs that caused some of the officers in his department to become corrupt." The profile of former Oakland, California, prosecutor James Anthony says his opposition to drug prohibition stems in part from observing "the negative impact of the 'War on Drugs' on the integrity of the police force." The profile of Fred Martens, a former undercover narcotics cop with the New Jersey State Police, says he saw the drug war "corrupt innumerable law enforcement officials."

The list of law enforcement officials corrupted by the drug war is a long one. Here are some stories from just the last few weeks:

• Two Philadelphia cops pleaded guilty to federal charges stemming from their plan to steal heroin from a suspected drug dealer.

• A former deputy with the Harris County, Texas, Sheriff's Department pleaded guilty to extortion charges after stealing two kilograms of fake cocaine during a federal sting operation.

• A New York City detective was convicted in state court of conspiring to pay off police informants with illegal drugs.

• Six San Francisco narcotics cops were accused of performing illegal searches, then covering them up with perjured testimony.

• The head of the Mesquite, Texas, anti-narcotics unit was arrested and charged with theft of government money after reports that he was stealing cash seized during drug raids.

• The head of the Contra Costa County, California, Narcotics Enforcement Team was charged with leading a conspiracy in which he and other law enforcement officials stole illicit drugs from evidence lockers and sold them on the street.

• A second police officer agreed to testify for the prosecution in the state trial of a retired judge and former prosecutor in Wayne County, Michigan, who is charged with suborning and knowingly allowing perjury by cops in drug cases.

• A former Texas district attorney, Joe Frank Garza, pleaded guilty in state court to misappropriating $200,000 in drug forfeiture funds.

Some of these stories involve public officials on the take; others are stories of cops, prosecutors, and judges who crossed a line in their zeal to fight the drug war. But I'm not sure there's much difference. In fact, one reason drug cops may be so susceptible to corruption is that the legal tactics they use to enforce the drug laws are so ethically dubious.

Morally, it is not much of a leap from legal asset forfeiture—in which cops take property from people who have never been charged with a crime, sell it, and use the proceeds for their department's budget—to simply pocketing money from suspected drug dealers. Consider what was happening in Tenaha, Texas, until recently. Cops would pull over motorists, accuse them of drug activity with little or no evidence, and give them a choice: They could sign the cash, jewelry, and other property in their possession over to the police department and be on their way. Or they could fight the charges, risk a felony conviction, spend one or more nights in a jail cell, and possibly pay more in legal fees than their property was worth.

Legal niceties are often the only distinction between civil asset forfeiture and a shakedown. It is not hard to see how cops who routinely engage in the former might grow morally complacent enough to contemplate the latter. Audio from a 2008 raid on the home of Monroe County, Michigan, resident Rudy Simpson, which hit the Internet last month, catches two state police officers deciding whether to take his recording equipment, flat-screen TV, and computers. Simpson says they also took DVDs, a camera, a gold ring, and $400 in cash. The raid, justified by an "anonymous tip" that Simpson was selling pot, netted a small bag of marijuana and half a pain pill.

Not only was the seizure of Simpson's property perfectly legal under Michigan's asset forfeiture laws; this sort of  confiscation is encouraged. In 2009 The Detroit News reported that forfeitures in some Michigan jurisdictions had jumped 100 percent or more in recent years, as police departments used the procedure to supplement budgets strained by the bad economy and government debt. Police need not charge someone with a crime to take his property, and it can cost thousands of dollars to get it back. One former prosecutor told The Detroit News: "Forfeiture laws are being abused by police and prosecutors who see only dollar signs. It's a money grab, pure and simple—a sneaky way of getting a penalty on something prosecutors can't prove. It's like shooting fish in a barrel." It is not terribly surprising, then, to read that the same Lt. Luke Davis who oversaw the raid on Rudy Simpson's home was later arrested because, as the local news station WXYZ reported, "he and…others sold off drugs and confiscated goods for their own profit." 

Abuse of the drug war's informant system is not hard to understand either. Informants are often drug dealers, who benefit from ratting on the competition, or addicts who tip off police in exchange for money, which they then use to purchase drugs. It is not at all uncommon for police to overlook an informant's own drug activity. In cases where the same drug informant whom police have described on search warrant affidavits as honest and trustworthy later comes forward with allegations of police corruption, the public is quickly made aware of that informant's shady history as well as the slippery nature of drug informants in general.

The Goldwater Institute, a libertarian think tank in Phoenix, recently published a report on "reverse stings" by police in Chandler, Arizona. Unlike traditional stings, in which undercover cops bring money to make a drug buy, reverse stings involve cops who arrange to sell drugs. Reverse stings are a lot more dangerous for everyone involved because police have an incentive to negotiate the largest deal possible, increasing the likelihood that their targets will come heavily armed. One Chandler bust last July ended with a dead cop, two more seriously injured, and two dead suspects. Reverse stings are trickier from an evidentiary perspective as well. Although it is clearly illegal to show up at a standard sting with a couple kilos of cocaine, it isn't necessarily illegal to be carrying a large amount of cash. But reverse stings are also more lucrative. Instead of seizing a couple hundred pounds of pot, which has no value to them, cops get to seize millions of dollars, which then flows into the police department's budget.

In a 1994 study published in Justice Quarterly, University of Tennessee criminologist J. Mitchell Miller and Middle Tennessee State University criminologist Lance H. Selva observed several police agencies that would delay making drug busts to maximize the cash they could seize, since seized cash is more lucrative for police departments than seized drugs. In the process, of course, police allowed untold amounts of illicit drugs to be sold on the streets, which seems contrary to the stated mission of the drug war.

Even day-to-day enforcement of the drug laws is rife with moral ambiguity. In New York state, for example, marijuana possession has been decriminalized. You might therefore think that a New Yorker should be able to possess a small amount of pot for his own use without fear of criminal charges. The problem is that it's still a criminal offense to display pot in public. New York City cops, in the course of "stop and frisk" pat-downs ostensibly aimed at people carrying weapons who may pose a threat, commonly ask people to empty their pockets or bags and then arrest those who, in the process of following a police officer's order, "display" the pot in their possession. Despite the decriminalization policy, the city has made some 536,000 arrests for marijuana possession, at a cost to taxpayers of at least $500 million, since 1997.

Police likewise manufacture crimes when they set up drug deals. The routine deception and betrayal involved in befriending someone, asking him for a favor, and then punishing him for helping you out would be recognized as outrageous in almost any other context. This habit of tricking people into committing drug offenses breeds an ends-justifies-the-means mentality that can lead to more brazen, less legal ethical shortcuts.

Critics of prohibition often argue that drug cops are especially susceptible to corruption because their jobs regularly bring them into contact with black-market cash and large quantities of illicit substances worth more than the average police officer makes in a year. There is something to that, but I think the problem runs deeper. Drug crimes are consensual crimes, which means there are no aggrieved victims to file a complaint. The only way to fight consensual crimes is with surveillance, informants, or undercover cops. Surveillance requires a warrant, which requires some evidence of criminal activity. The latter two options are far more common, but they require the police to break the very laws they are enforcing—or encourage someone else to do so. That creates a moral disconnect right off the bat.

Then there is the term drug war, which implies an existential struggle. In light of such rhetoric, it is not difficult to see how law enforcement officials might be led astray not by greed but by their eagerness to prosecute and imprison drug offenders. If we are indeed fighting a war, why quibble over a white lie on the witness stand or some planted evidence that helps defeat the enemy?

None of this is meant to excuse the behavior of cops gone bad. Even within the context of an unjust prohibition system, there are cops who do their jobs by the letter of the law. But we should not be surprised when some of the police officers we ask to enforce morally suspect laws day after day, year after year, eventually cross the line from actions that are unethical but legal to acts that are both unethical and illegal.

Radley Balko is a senior editor at Reason magazine.

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114 responses to “How Drug Cops Go Bad

  1. Nonsense!

    We just need Robert Stack to kick down a few doors, perhaps kill a few puppies, and then we’ll start winning this war!

    1. Those gosh darn untouchables golly geez whiz what a bunch of neat-o whipper snappers I tell for sure.

    2. Balko has a post on his page about James O’Keefe not allowing cameras into an event. Well since I saw this on theagitator.com, and I was “not sure about the source”, I checked it out on a more honest site and found out that O’Keefe is being sued by a bunch of state workers and ACORN types because he taped them without them knowing. O’Keefe is also challenging the constitutionality of a law in Calif. that makes it a crime to tape people. Radley Balko goes on and on about how it should be OK to do just the sort of thing that O’Keefe is being sued for. But since O’Keefe is coming from the right, and since he is blowing all the supposedly real journalists away because he is doing the job they won’t or can’t Radley Balko writes hit pieces on O’Keefe. Mr. Balko loves liberal bloggers, he links to them all the time.

      1. WTF is the matter with your brain?

  2. Left off the list (it was admittedly a long time ago) was the theft of the “French Connection” heroin from NYPD evidence lockers, which could have only been done with inside help.

    1. Dammit! I was going to respond to Heroic Mulatto with Gene Hackman.

      It’s not so drug-related but I’ll go with Kirk Douglas instead. It’s not just the drug laws that make “good” cops go bad. If anything, I’d argue the power that we gives cops attracts the bad people.

  3. Let us pray for Dunphy’s soul.

    1. Did Dunphy kick the bucket?

    2. Why? Are you accusing him of something?

  4. Bad laws make for bad cops, as does allowing for selective enforcement and prosecutorial descretion.

    Just imagine the public outrage if our cops and judicial system permitting a serial killer to continue his crimes in exchange for his ratting out murderers-for-hire. The War on Drugs has made something similar acceptable.

    Equal justice is only possible when there is equal enforcement.

    1. Cops also can’t murder someone (supposedly) in order to get in tight with the mob, for instance; but they can buy and sell drugs, or hire a prostitute.

      When you let cops act like criminals in order to get criminals, they’re becoming criminals themselves.

      1. No different than any other government official.

        1. Technically, the other government officials cannot legally do illegal tings. But the cops can.

          1. True, but the “I am the law” mentality is the real source of the problem, in any case.

            1. “The law is what we decide it is!”

            2. …the “I am the law” mentality is the real source of the problem…

              Warty would be sad if this was not linked to…

              1. X? X? I’m sooooo disappointed.

                How about Otto? Like apes-reading-philosophy Otto?

                1. X is intended to be temporary, until I learn to write…

                  1. As long as you’re dropping the Baked Penguin, how about “sXe”?

                    In all seriousness, ever since I commented here I have questioned why I went with a Stooges/Mogwai reference that now happens to be a handle of someone who turned out to be alive. Whoops.

                    And Otto is fantastic. Palindrome. Repo Man. Replacements song.

                    1. There are, indeed, many great Ottos.

                      BP: You could do Koko the Talking Gorilla.

  5. Now it all makes sense! Balko wishes that he were Vic Mackey!

    1. I knew it was Radley who robbed the Armenian money train!

      1. And let’s not forget that the Feds gave Mackey a full pardon at the end…

        Art imitating life?

    2. Also, if Radley is Vic, does that make:

      Nick = Shane
      Welch = Ronnie
      Jesse = Lem
      Ron = Dutch

      1. I’ve never seen the Shield but from that promo shot, I assume it ran on Bravo.

        1. I liked The Shield. Although it was technically a drama, I always perceived it as closer to a documentary.

        2. It actually ran on FX & is now in syndication on Fox. I think it was the first FX original drama.

        3. Even though they limit your time, you can watch most of all seven seasons of The Shield here.

          http://www.freeonlineepisodes……-for-free/

  6. Hey Children,
    My name is Pat D. King, and I hate every single one of you. All of you are fat, retarded, no-lifes who spend every second of their day being anarchists. You are everything bad in the world. Honestly, have any of you ever gotten any pussy? I mean, I guess it’s fun making fun of people because of your own insecurities, but you all take to a whole new level. This is even worse than jerking off to pictures on facebook.
    Don’t be a stranger. Just hit me with your best shot. I’m pretty much perfect. I was captain of the football team, and starter on my basketball team. What sports do you play, other than “jack off to pictures of dead American soldiers”? I also got straight A’s at the University of Phoenix, and have a mature girlfriend (She was just reasonable; Shit was SO cash). You are all faggots who should just kill yourselves. Thanks for listening.

    1. Obvious troll is obvious

      1. Guys like Pat are such an embarrassment to us.

        1. Sounds like you’re flirting with all that sex talk. You must be trolling for a three-way, right? You can admit it.

          1. Maybe a gay three-way.

            1. Or maybe, this Pat is mocking the previous Pat, who might be (God help him) sincere.

    2. Glad to see the police sent somebody over for an intelligent rebuttal.

    3. Fuck, I’m still masturbating to Myspace.

      🙁

    4. This is even worse than jerking off to pictures on facebook.

      Oh, you want to talk hobbies?

    5. mature girlfriend? Like MILF or GILF? Either way that is hot, I’m with you brother, can you link me her facebook page?

    6. Ahh, nothing like some good old fashioned PASTA. And yeah, like Scruffy Nerd Herder said, Obvious Troll is Obvious

    7. I’ll play. I’m 6′, 175#, 90/60BP, very fit, get more pussy than your mom, have a comfortable income that lets me surf lots of facebook, but I don’t jerk off to pics of your mom. Your sister is cuter.

      No plans to kill myself.

      University of Phoenix? Isn’t that unacredited online diploma mill that has popup ads on every site? I went to Ga Tech.

    8. C’mon guys. Pat D Queen King has some questions for us. And he thanked us for listening (to the voices in his our our heads?)

      So, in the spirit of X/Baked Penguin/ Koko/ WEIBSKOBOLD/ bouncy (damn. what a giveaway)… I’ll address his questions.
      All of you are fat, retarded, no-lifes who spend every second of their day being anarchists.

      well, if you change it to PRETEND anarchist, you have me perfectly described.

      Honestly, have any of you ever gotten any pussy?
      Sure. Mrs. MacGruder’s cat was in the tree, and I climbed up and saved it. I’d chalk that up to being a big yes.

      This is even worse than jerking off to pictures on facebook.
      Let’s compare notes. I’m perfectly happy about the pics over which I bate. this is a particular fave.

      Don’t be a stranger
      “A” stranger or “any” stranger? And if it is the latter, could we make it a contest?

      What sports do you play, other than “jack off to pictures of dead American soldiers”?

      You’re forgetting facebook batin. Mein gott, man. it was just three lines up. And you forgot already?

      I also got straight A’s at the University of Phoenix, and have a mature girlfriend

      and hers is one of my favorite batin pictures. Granted, the blue hair “drapes” on top doesn’t match the pure white/gray “carpet” below, but it’s not bad. And her wrinkles make for really fun jizum canals.

      You are all faggots who should just kill yourselves.

      Only after I’m done batin. And if they cancel our LARP session. Today I get to be “Kid Lightning”!

      Thanks for listening
      doh. I was reading, not listening. What’d i miss?

  7. The Commish wasn’t a bad cop. He liked opera.

    1. That’s actually John Belushi.
      Or Ben Grimm.

  8. “It is not at all uncommon for police to overlook an informant’s own drug activity”

    Yea, but Bubbles’ pin the pimp hat on the important people led to a lot of arrests. It eventually led to the downfall of the Barksdale empire, so it’s all good right?

    1. True dat.

  9. A former deputy with the Harris County, Texas, Sheriff’s Department pleaded guilty to extortion charges after stealing two kilograms of fake cocaine during a federal sting operation.

    So that’s what happened to my chalk dust!

    1. No, it wasn’t your chalk dust.

      They used the gypsum already stored in the Dallas County evidence locker.

      http://stopthedrugwar.org/chro…..rock.shtml

      “Three Texas police officers were re-indicted Tuesday in the Dallas sheetrock scandal, where Dallas police arrested, prosecutors convicted, and judges sentenced dozens of people, mostly immigrants, to prison on drug charges when the alleged drugs turned out to be nothing more than ground up sheetrock.”

      It’s an old story (2002), but the conduct of Dallas DA and narcs was so disgraceful that it should not be forgotten.

      Cops had informants plant gypsum on random Mexicans and then the DA would plea bargain for easy conviction. Informants were paid per arrest. They didn’t really care who got arrested, but Mexicans were particularly attractive for their purpose because they didn’t speak English, didn’t know that they had rights, and couldn’t afford a proper legal defense.

      One of the cops got off with two years probation … for his crimes that literally terrified and imprisoned dozens of people for years. Another narc got five years.

  10. “witnessed the unintended consequences of the war on drugs that caused some of the officers in his department to become corrupt.”

    The tone of this article concerns me. I mean, yeah, libertarians on the same page about ending the drug war.

    But this whole “the bullet left the gun and entered the innocent victim” thing is beginning to bug me.

    Whatever the law, be it just or unjust, if the cops we have enforcing it are too easily tempted into corruption, we have the wrong cops- or at minimum the wrong organization running the cops.

    While I appreciate the sentence in the last paragraph giving a hat tip to ‘no excuses’, I still feel a little too much, “The meth made me do it”.

    1. Re: Paul,

      Whatever the law, be it just or unjust, if the cops we have enforcing it are too easily tempted into corruption, we have the wrong cops- or at minimum the wrong organization running the cops.

      The problem is that angels already have a job and they enjoy much better benefits.

      1. My snark-o-meter may not be working today. So I’m not sure what that means. Where I come from, cops make considerably more than I do.

        1. Re: Paul,

          My snark-o-meter may not be working today.

          “if the cops we have enforcing it are too easily tempted into corruption, we have the wrong cops”

          You’re asking for perfect people. Only angels would fit such requirement; unfortunately, they’re all committed with someone else.

          1. Ah, I see your point.

            Look, I don’t want my comments to be interpreted in any way to be in support of drug laws, they’re not.

            But if cops start a drug ring, stealing drugs, reselling them on the street, or pocketing large amounts of cash- the little thing inside your head (or at least my head) that says “this is wrong”, should say, “this is wrong”, and if we’re saying that this kind of behavior from cops is expected, I’m deeply concerned.

            1. Saying it is expected, or that it’s not surprising isn’t the same as saying it’s okay.

    2. I agree that corruption is an individual rather than institutional problem. However some people, for whatever reason, are going to be corrupted when temptation presents itself. That’s when the institutions need to step in and correct (or punish, where necessary) that person.

      The abject failure of police departments and courts to do anything to stop cops from doing this shit is the more damning indictment of the Drug War.

      1. I think looking at corruption in aggregate is important. For instance, if you were charged with taking over a third world police force which was highly corrupt, you’d look at institutional clues to clean it up.

        But guess what else you’d do? You’d fire an assload of cops.

        I do, however, believe that corruption begets corruption. If rookies are brought into an organization where cops on the take are extremely common, it might numb them into the notion that being on the take isn’t that far outside the norm, or possibly even inside the norm. I can’t deny that.

  11. And… is that The Commish?

    1. Too late, and you lose additional points for not mentioning the opera.

      1. I saw your post after I made mine but I didn’t want draw attention to it. ‘Cause you know how you are about attention.

        1. Who, me? I never even watched the show.

      2. Actually, it’s Vic Mackey. The Commish was just a stupid speed bump on the way to awesomeness.

        1. It’s funny, because there was some noise about the Commish taking on the role in The Shield.

  12. The Joe Frank Garza case happened right in my back yard in Alice, TX. It’s on Highway 44, which is a major drug thoroughfare.

    1. I live in Contra Costa County, and that bit was news to me! I’m going to have a blast showing that to all my friends!

  13. Great article, Radley.

  14. How Drug Cops Go Bad

    What do you mean “Go”???

  15. I’d love to hear about a miscommunication that results in a feds versus local pigs drugs sting that ends badly.

    1. Not “experts”, thin blue line, just a few bad apples, mistakes were made.

      That is all.

      1. Isolated incidents.

        1. It’s the price we pay for civilization.
          /Chony

        2. The New Professionalism.

    2. You are confusing DEA and ATF.

  16. “How to End Poor and Corrupt Police Practices in One Easy Step” – part of our “Introduction to Anarcho-Capitalism Series”, narrated by Patrick Stewart.

    Step 1:

    Remove the legal monopoly on the use of force, and allow private protective agencies to compete for customers.

    Problem solved.

    Next week on our continuing series: “The State and You: A Brief History of Anal Rape”

  17. The current state of affairs is similar to an island hunting spree where you are the game. Any use of force by the hunters is considered legitimate, but when the prey bites the hunter, it’s considered a tragedy.

    1. Or bull fighting in Spain

  18. I think an important point has been missed- these cops/prosecutors/judges aren’t experts at anything apparently. They don’t understand how criminals think, how they do things, etc- they don’t understand their prey. I mean they can’t even properly commit these types of crimes with all of the power they wield.

    Who hasn’t heard this line from a cop, “I’ve been on the street and know what’s going down”, or “I know how criminals think” etc.

    They only seem to catch “wrong doers” that are functionally retarded, naive teenagers, or the incredibly unlucky.

  19. And from the same blog that had the info on the recently exonerated guy, there’s this thread about a Las Vegas DA getting busted for crack.

  20. One of the best TV shows ever.

    1. Green Acres. That is all.

      1. Are you saying that Oliver Wendell Douglas and Eb were growing pot?

  21. “the negative impact of the ‘War on Drugs’ on the integrity of the police force.”

    Who could possibly suspect that asking people (who might not have been entirely reputable to begin with) to deal with large quantities of drug, cash, weapons and property with negligible organizational or public oversight would result in corrupt cops?

    WHO I ASK YOU? WHO?!

  22. of this abuse negative impact on our society.our government should away in this production.

  23. Can’t leave this guy out: http://www.tmz.com/2011/03/21/…..rack-area/

    What a sad sack of shit.

  24. Why is Balko leaving Reason?

  25. Okay. Yeah, well you know, so what if Balko is a commie pinko fag, or even a borderline obama supporter to boot, i just don’t think life would be worth living, if i didn’t have him to kick me in balls every Monday. i never feel more alive than when Balko kicks my balls into orbit each and every Monday. At least all this happy horse-shit can’t happen here in my home, in sweet Arizona. Fuck You, Michingan

  26. Fuck the police http://www.lyricsfreak.com/b/b…..22078.html

  27. You forgot the whore cop in Montgomery Co MD who protected her coke dealiing boyfriend who was just charged.

  28. There will always be a few crooked cops with or without legalized drugs. (I do favor legalizing drugs, however).

    http://libertarians4freedom.blogspot.com/

    1. “Few” doesn’t begin to describe it. Give people the authority to act unethically without consequences, and they will do so.

  29. Brilliant and concise. Thank you.

  30. I’m just simply NOT surprised. This is what a large number of people have been saying all along. Power corrupts. keeping drugs illegal keeps those who are supposed to protect us from the murky harm of drugs turn out to be a worse threat than the drugs and drug sellers could ever be! It also gives law enforcement “JOB SECURITY”! It has become a good cop, bad cop thing. “Good Cop” = a contradiction in terms! “Bad Cop” = redundant!

  31. In my previous post imagine that I actually put , “in power and they”, in between “drugs” and “turn” in the fourth sentence.

  32. Frederic Bastiat would call this legalized plunder and thus solcialism. Republicans who decry socialism at every turn valorize the war on drugs and are guilty of the worst kind of socialism.

  33. Yet another feel good story to remind me how much I could care less for scum sucking cops.

  34. Very informative post. Thanks for taking the time to share your view with us.

  35. Good morning, Reason.

    I’ve made a poster about the inherent racism of the drug war, which a Reason article about a week ago touched on. Feel free to print copies out and leave them in conspicuous locations. Thank you. You may find the poster here:

    http://i.imgur.com/dctr0.png

  36. Gypsum ain’t even in it. Y’all should read J. E. Robison’s autobiography, “Look Me in the Eye.” It recounts his growing up as a weird Aspie, inventing the Exploding Rocket Guitars used by Kiss, and his later career as a toy engineer for Milton-Bradley.

    While working at M-B (not to be confused with Martin-Baker, that very virtuous firm of life-savers), Mr. Robison tricked a management suit-type person into snorting some white dust he’d scraped off of a Formica counter top. The guy came back for more, and they caught him on videotape. NTs are weird, as a guy said on his blog.

    All should read the book. It has other good stories in it, such as the Magnesium Fire story, and the Snake-Shooting story, along with descriptions of what it’s like to grow up weird among the normals.

    Be sure to get the first, or hardback, edition. He put out a later, paper, edition, with all of the cuss words removed.

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