Thread: ESCONDIDO, CA : Councilman tries to stop D L CHECKPOINTS

ESCONDIDO:
Olga Diaz wants attorney general's opinion on checkpoints

License enforcement stops raise legal questions

By EDWARD SIFUENTES - esifuentes@nctimes.com

Posted: April 3, 2010 7:40 pm

Escondido Councilwoman Olga Diaz has asked state Attorney General Jerry Brown to issue a formal opinion on whether the city's controversial driver's license checkpoints are being conducted in a legal manner.

Diaz, who opposes the checkpoints, said she wants the attorney general to clarify the state's position.

"If these police practices are unlawful in the State of California, I'd like to have them stopped in my city," Diaz wrote in a letter sent this week to the attorney general's office.

Although the U.S. Supreme Court has never directly ruled on whether driver's license checkpoints are constitutional, it has said in several cases that it would uphold properly administered checkpoints. How these checkpoints are legally administered is what drives much of the argument for and against them.

During the driver's license checkpoints, police block a road and screen all drivers as they come through. They check the picture on the driver's license to see whether the picture matches the person and whether the document is expired.

They don't check other documents, to prevent traffic backups.

Those who oppose the checkpoints say that stopping drivers just to check their licenses is against state law. But those who support the checkpoints say the law refers to officers on patrol, not checkpoints.

Some Latino activists have been critical of the checkpoints, saying they disproportionately affect their community. That is because illegal immigrants, many of whom are Latinos, are barred by state law from having driver's licenses.

On the other hand, supporters say the checkpoints have nothing to do with race or ethnicity. They say unlicensed drivers should obey the law and not drive.

Patricia Bennett formed Citizens of Escondido for Road Safety in 2007 to support the Police Department and its checkpoint policy.

"We all have to abide by the law," Bennett said. "I want to get everyone who is unlicensed and uninsured off the road."

In recent years, the Escondido Police Department has ramped up the number of driver's license and sobriety checkpoints in its effort to curb hit-and-run accidents and keep unlicensed drivers off the city's streets.

From 2006 to 2008, the department said it conducted 70 checkpoints ---- 39 driver's license checkpoints and 31 sobriety checkpoints.

The checkpoints, especially those aimed at catching unlicensed drivers, have been harshly criticized by Latino and civil rights groups, such as the North County-based El Grupo and the American Civil Liberties Union.

In December, the ACLU and El Grupo sent a letter to the city that said the driver's license checkpoints were illegal under state law.

They cited a state attorney general's report issued in March 2009 that says, among other things, that driver's license checkpoints violate a state law that says police can't stop drivers simply to check their licenses.

The attorney general's report cited by the ACLU was related to an investigation of the city of Maywood's Police Department.

"Checkpoints conducted solely to identify unlicensed drivers violate Vehicle Code section 14607.6," according to the attorney general's report. "That section provides that an officer 'shall not stop a vehicle for the sole reason of determining whether the driver is properly licensed.'"

Escondido's City Attorney Jeffrey Epp and police Chief Jim Maher maintain the checkpoints are legal.

In a letter responding to the groups' criticisms, Epp said he disagreed with the ACLU and El Grupo's interpretation of the law. In the letter dated Jan. 11, 2010, Epp said the law was intended to "prohibit officers from randomly pulling vehicles over on routine patrol to demand a driver's license."

However, the city agreed to change the way it conducts driver's license checkpoints, Epp said in the letter. Epp could not be reached for comment on Thursday.

"The city will modify its so-called driver's license checkpoints to include a request for vehicle registration and vehicle insurance along with the driver's license," Epp wrote.

Bill Flores, a retired assistant sheriff who lives in Escondido and is a spokesman for El Grupo, said the law does not distinguish whether a driver can be stopped by an officer at a checkpoint or while on patrol.

Christine Gasparac, a spokeswoman for the state attorney general, declined to comment, saying that the office had not received Diaz's request.

In December, Gasparac said that the Maywood report was not intended to be a formal opinion on the legality of driver's license checkpoints.

An ACLU spokeswoman said Thursday that the organization is evaluating the changes the city made to its checkpoints. She added the group has not decided what other steps it may take.

Diaz said she wrote the letter because she doesn't want the city embroiled in a potentially expensive lawsuit at a time when it is already struggling financially.

"I don't want to jeopardize the city's finances," Diaz said.

Call staff writer Edward Sifuentes at 760-740-3511.


NORTH COUNTY TIMESl

I've seen checkpoints in southern CA for decades. Personally I feel safer if drunk drivers and unlicensed drivers are off the road.

This royally pisses me off as they do these checkpoints for bikers, are we the only group you can legally discriminate against anymore

Wait! There are state and local laws on the books which require enforcement. The state gives out licenses with stipulations. It is up to the police to enforce those laws, for heaven's sake! And when are the complainers going to get over the race card, which is pretty war-torn, to actually admit that laws on the books should be enforced?

NEWS RELEASE

FOR IMMEDIATE RELEASE CONTACT: Watch Commander

DATE: March 29, 2010 PHONE: (760) 839-4767

TRAFFIC SAFETY CHECKPOINT SCHEDULED
The Escondido Police Department will be conducting a Traffic Safety Checkpoint in the city of Escondido on Tuesday, March 30, 2010.

This checkpoint is an effort to continue the Escondido Police Department’s commitment to traffic safety by addressing Vehicle Code violations known to cause or contribute to collisions, or collision related injuries or deaths. The emphasis of the checkpoint will be to detect drivers who are not lawfully licensed to operate a motor vehicle in the state of California, seatbelt violations, child safety seat violations, apparent hazardous
mechanical violations and vehicle registration violations.

http://www.ci.escondido.ca.us/POLICE/ne ... -29-10.pdf

This has always bothered me. Why do police departments need to announce checkpoints? If one is snockered or unlicensed, one will take every road to avoid the checkpoints.

Originally Posted by vortex

This has always bothered me. Why do police departments need to announce checkpoints? If one is snockered or unlicensed, one will take every road to avoid the checkpoints.

GRANT DESCRIPTION
Objectives: Objectives are the tasks or activities undertaken during the grant period to make the goals a reality. Objectives are designed to move you closer to achieving your overall goals. Objectives are used to measure a grantee’s success.
1. To issue a press release announcing the kick-off of the grant by November 15, 2010. The press releases and media advisories, alerts, and materials must be forwarded to the OTS Public Information Officer at pio@ots.ca.gov and copy the OTS Coordinator for approval 14 days prior to the issuance date of the release.

2. To use the following standard language in all press, media, and printed materials: “Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.â€

Some Latino activists have been critical of the checkpoints, saying they disproportionately affect their community. That is because illegal immigrants, many of whom are Latinos, are barred by state law from having driver's licenses



They seem to forget that illegal immigrants are also barred......by federal law.....from even being present in this country in the first place

info@olgadiaz.com

Lets all contact Ms Diaz and remind her whom she represents. You should see her web page!http://www.olgadiaz.com/

You would think as a business owner she would be more concerned, but I guess all the illegals flock to her business so that is where her concern lies![/u]

Seems funny how her hubby is a cop and they both profit dearly from law enforcement.

Now she doesn't want the laws enforced?

What a hispanacrit