Alabama Attorney General Opinion 1979-0193

- or At-I,° CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA MAY 16 1979 OFFICE OF THE ATTORNEY GENERAL 00 / 93 401 LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BENUE'S. JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINI IVE ASSISTANT Mr. Jimmy Evans District Attorney Fifteenth Judicial Circuit Montgomery County Courthouse Montgomery, Alabama Alabama Alcoholic Beverage Control Board - Narcotics - Funds allocated to the ABC Narcotics and Alcohol Enforcement Division may be advanced for the purpose of purchasing illegal drugs. Dear Mr. Evans: We are in receipt of your opinion request wherein you state: "This office has been informed that even though an amount in excess of $75,000.00 has been allocated to the Narcotics Enforcement Division of the ABC Board for utilization in enforcing drug laws; that under the present policy, these funds are available only after the fact. That is, even if narcotics officers are aware of large quantities of illegal drugs available for purchase and distribution in Alabama, they are hindered in their efforts by the non-availability of ready funds. Unless the officers and/or their superiors have the where- withal to advance their own personal funds or are willing to become independently liable on notes and obligations from lending institutions to finance the purchase of these illegal narcotics, the drugs are distributed through their usual channels and end up in the hands of our citi- aens, including our teen-agers and young people." ADMINI 1 V E. BUILDING 64 NORTH UNION STREET MONTGOMERY. A AAAAAA 31130 AREA (2011). •345150 Honorable Jimmy Evans Page Two District Attorney Fifteenth Judicial Circuit You then present the question: "May funds allocated to the ABC Narcotics and Alcohol Enforcement Division be advanced for the purpose of purchasing illegal drugs?" Your question is answered in the affirmative. The present policy requiring the agents and officers to advance personal funds greatly hinders the purpose behind the allocation of monies for such purposes. The agents of the ABC Enforcement Division require access to substantial amounts of cash in order to carry out their duties effectively. Where law enforcement personnel cannot get access to funds allocated for evidence buying purposes, their activities in this vital area are substantially curtailed. No statutory nor constitutional prohibition exists which would preclude funds allocated for this purpose from being advanced to the ABC Narcotics En- forcement Division. Article IV, 593 of the Alabama Constitu- tion of 1901 is inapplicable in that the State is not lending credit when funds allocated for this purpose are advanced. This office can envision no area where the prompt and judicious advancement of allocated funds for cost of evidence purposes is more critically needed. It is the opinion of this office that these cost of evidence funds may be advanced for the purpose of buying illegal drugs. This opinion is limited to expenditures by ABC Enforcement personnel. Sincerely, CHARLES A. GRADDICK Attorney General . /414A ( .1 7,44'6i c\ciii> by- SaMU41 J. Cleney, III Assistant Attorney General