SAN FRANCISCO – Big sweeps, but few prosecutions in San Francisco. 

At this point, law enforcement officials are standing by the strategy of enforcing and tracking down where drug markets move even if they aren’t leading to many prosecutions at this point. 

San Francisco’s Police Department has highlighted several high-visibility enforcement efforts, including just over a week ago at the intersection of Market and Van Ness to show the renewed effort to crack down on open-air drug markets and use. 

So far no charges

While that sweep resulted in 40 or so arrests, so far no one has been charged. 

Law Professor David Levine from UC School of Law San Francisco said police can arrest someone based on probable cause, but prosecutors need to meet the higher bar of beyond a reasonable doubt to win a case. 

“There’s a big difference between the standards police use to make an arrest versus what the prosecutors use to initiate a prosecution and ultimately what they need to win a case in front of a jury,” said Levine.

What they’re saying:

San Francisco police issued a statement reading in part, “17 of the arrests at Market and Van Ness were for outstanding warrants that were sent to the appropriate jurisdictions. These efforts have led to better outcomes. Our streets are cleaner and safer where we enforce the law.” 

Calling it successful 

San Francisco District Attorney Brooke Jenkins’ office also weighed in, calling the enforcement a success and saying most of those arrested were cited for misdemeanors and will appear in court within the next month or so.

The DA released a statement reading in part, “Successful prosecution and law enforcement requires a robust, collaborative partnership among agencies, and we are committed to working with our partners to offer guidance on what we need to meet our burden of proof.”

Supervisor Matt Dorsey, whose district includes the South of Market, agrees that simply having police disrupt drug markets and use is an important step, and can even be a tool to get drug users into treatment, and impact the demand side of the drug trade. 

“The party is over”

“This isn’t about going back to the war on drugs,” said Supervisor Dorsey, “It is about telling people that the party is over. We have to restore public order in San Francisco.”

Legal experts say even without prosecutions, law enforcement may be sending a message. 

“Because you’re going to make these criminals at least a little more careful about what they’re doing,” said Levine. “They’re going to be a little bit more discreet about what they’re doing.”

What’s next:

The DA said her office will be meeting with SFPD next week to discuss the recent enforcement, and offer guidance on what her attorneys need to successfully prosecute cases.