I think I’ve complained about it here before, but I’m not a fan of the exclusionary rule. It offers no defense to the innocent who have nothing incriminating to be found when the police violate the 4th amendment but only to those whom the evidence could be used against. It would seem simpler just to treat the violation of property rights involved as an offense like it would be if done by someone without a badge, and then punish both the suspect (if convicted) and the police for their respective acts.

http://antiwar.com/radio/2009/04/06/guy-lawson/

I do think the criminalization of soft drugs has the effect of expanding the market for hard drugs. Alcohol prohibition had a similar effect.

On militias: A difference is that community militias are drawn from the community itself, so individual militia members have a greater personal attachment to the community, whereas cops are simply bureaucrats with a gun working for a self-interested third party, i.e., the state. Further, I think the militia members should reflect the cultural norms of the community at large in which they operate, meaning it would be better for gay neighborhoods to be policed by the Pink Pistols, black neighborhoods by black militias, rural communities by NRA members, etc. and less culturally or ethnically distinctive communities by expanded neighborhood watches. Such militias identify with the community in which they function, while cops basically view civilians as the enemy.

Of course, there can still be abuses, e.g., lynchings, persecution of unpopular people, etc. I don’t think I’d do away with all external controls on such groups. For instance, if such militias emerged in the present system, I’d say they’d still have to observe the Fourth Amendment, exclusionary rule, etc. and even in a more anarchistic system there would need to be common law limits on the “posse comitatus.”

One question: you say you want to apply strict scrutiny to the state justice system (aka PIGS). But you also want leniency for citizen militias and the like. At some point doesn’t community law enforcement come to resemble the state variety and then require strict scrutiny?