Thread: OCEANSIDE, CA : Activists call checkpoints unfair

REGION: Activists call checkpoints unfair

Oceanside police, other agencies say checkpoints a useful tool

By EDWARD SIFUENTES - Staff Writer | Wednesday, October 22, 2008



Demetrio Antonio, 29, of Oceanside, who is an illegal immigrant, is surrounded by police officers. His car was impounded at an Oceanside Police Department checkpoint on Wednesday because he was driving without a licence.



OCEANSIDE ---- Civil and immigrant rights advocates on Wednesday decried the increased use of law enforcement checkpoints around the county. Also on Wednesday, Oceanside police blocked a major artery into one of the city's predominantly Latino neighborhoods in an attempt to catch unlicensed drivers.

Members of the American Civil Liberties Union of San Diego and Imperial Counties and other activists said at a news conference in San Diego that the heavy use of these checkpoints by local police and U.S. Border Patrol agents was creating a "checkpoint society."

They said the checkpoints were eroding people's constitutional rights against unreasonable searches and seizures.

"The power to set up checkpoints to detain people, search them and interfere with their right of movement should not be just another tool in the police officer's tool belt," said Kevin Keenan, executive director of the local ACLU. "They should be carefully chosen and rarely used mechanisms because they interfere with the fundamental concept of American freedom."

Keenan said the news conference was part of a nationwide effort by the ACLU to call attention to the increased frequency of Border Patrol and police checkpoints around the country, particularly in areas within 100 miles of the border.

The Department of Homeland Security has been given broad authority by Congress to stop and question people without probable cause within this 100-mile zone, Keenan said.

Police and Border Patrol officials said the checkpoints were an effective way to catch unlicensed drivers who cause traffic accidents, and illegal immigrants and smugglers.

"Checkpoints are part of our defense strategy," said Julius Alatorre, a spokesman for the Border Patrol in San Diego. "They are invaluable tools."

Alatorre said agents have the authority to stop and question anyone at the agent's discretion to catch smugglers and "to protect the U.S. from terrorists and terrorist weapons."

In recent years, the use of checkpoints also has been on the rise among some police departments, including Escondido. The practice that has been heavily criticized by Latino activists.

The Escondido Police Department has seized nearly 10,000 vehicles in the last three years from unlicensed drivers, many of them at checkpoints, according to records provided by the city. In the same time period, Oceanside impounded 4,422 vehicles and Carlsbad impounded 705 vehicles.

Police officials say the checkpoints reduce the number of hit-and-run accidents in their cities.

"The emphasis is on driver's licenses and getting unlicensed drivers off the road," Oceanside police Sgt. Kelan Poorman said during the checkpoint in Oceanside.

Activists such as Escondido resident Bill Flores, who was at the news conference, said the frequent use of checkpoints disproportionately affects working-class, immigrant Latinos, many of whom are ineligible under state law to get driver's licenses because of their status as illegal immigrants.

Flores, a 29-year veteran of law enforcement and retired San Diego County assistant sheriff, questioned the effectiveness of checkpoints. Moreover, he said that even if they do reduce the number of hit-and-run accidents, it comes at a high cost by alienating large segments of the Latino community.

"There are other ways to enforce the law," Flores said during the ACLU news conference.

Oceanside police on Wednesday blocked off a section of Brooks Street just east of Interstate 5. That stretch of road leads into the Crown Heights neighborhood, where about 4,100 people live. About 93 percent of the population in the neighborhood is Latino.

In the first 90 minutes of Wednesday's checkpoint, seven vehicles were impounded, all of them driven by unlicensed Latinos.

Patricio de la Cruz, the first person whose vehicle was impounded during the checkpoint, questioned its location.

"There's a lot of people that are hardworking here," he said. "Why only this neighborhood? They (police) know where they are going to catch people."

De la Cruz said he lost his license after he was caught driving under the influence of alcohol. But he said he needs to drive to get to work.

Oceanside police Sgt. Kenneth Gow said the driver's license checkpoints are conducted once a month in different parts of the city. He said officers ask everyone for their driver's licenses unless the checkpoint becomes too busy; at that point, they start allowing traffic to flow.

Under a state law, vehicles taken from people for driving without a license are impounded for a mandatory 30-day period. Towing and storage fees can add up to over $1,200.

"It's not fair," said Demetrio Antonio, whose car was impounded.

Antonio said he is illegally in the country and cannot get a driver's license. He said he was on his way to work at a manufacturing plant. Antonio walked off with his lunchbox in hand and a ticket for driving without a license.

"It's tough," he said. "Times are hard and there is not a lot of work. I'll have to miss a day from work."

Contact staff writer Edward Sifuentes at (760) 740-3511 or esifuentes@nctimes.com.

http://www.nctimes.com/articles/2008/10 ... 7ad064.txt

Under a state law, vehicles taken from people for driving without a license are impounded for a mandatory 30-day period. Towing and storage fees can add up to over $1,200.

"It's not fair," said Demetrio Antonio, whose car was impounded.

Antonio said he is illegally in the country and cannot get a driver's license. He said he was on his way to work at a manufacturing plant. Antonio walked off with his lunchbox in hand and a ticket for driving without a license.

"It's tough," he said. "Times are hard and there is not a lot of work. I'll have to miss a day from work."

Too bad so sad. No pity for you! Keep up the good work Oceanside PD! [/code]

Checkpoints are only "unfair" to those who are doing something wrong!

"It's not fair," said Demetrio Antonio, whose car was impounded.

Antonio said he is illegally in the country and cannot get a driver's license. He said he was on his way to work at a manufacturing plant. Antonio walked off with his lunchbox in hand and a ticket for driving without a license.

I agree it's not "fair!" It's not "fair" that your illegal @$$ is still in this country after having gone through a checkpoint and having been discovered as an illegal!

Lou Dobbs reported on this yesterday, was a great piece of work...

The ACLU is not happy at any attempt to enforce the law. Too bad we can not find away to put them out of business.

De la Cruz said he lost his license after he was caught driving under the influence of alcohol. But he said he needs to drive to get to work.

Ok, so let me get this straight. He lost his license for a DUI, and now he's illegally driving without a license. And we are supposed to feel sorry for him not being able to go to work? It's about choices and consequences in life people, or at least it used to be. Suck it up and use a bus or hitch a ride or whatever you gotta do, but don't whine about it when your mistakes return for a visit. Sheesh!!! I wonder what other laws he can find to violate while his vehicle is impounded for the next 30 days??

I don't see why someone can't put together a class action suit from them, run it contributions and do like they do and just cost to much to fight, I'd give.

Where do they get their funds?

http://www.nctimes.com/articles/2008/10 ... 7ad064.txt

196 comment(s)


UNFAIR Such a poor choice of Words wrote on Oct 25, 2008 12:54 PM:

California State Driver's License Rules state that you MUST have a VALID Driver's License (and Insurance) to LEGALLY drive on California Public streets and highways.

What is truly UNFAIR is the double standard expected from the Activists.

What is unfair is the Costs and degradation associated with quality of life issues all over America due to the influx of Illegal Aliens.

What is really unfair is that American Tax Paying Citizens must pick up the tab for the costs of providing Education, Medical care, Social Services, and Judicial and incarceration expenses for Illegal Aliens.

You want to talk UNFAIR? I could post dozens of Illegal Alien Crime stories or dozens of Illegal Alien Hit and Run stories and I would have to look no further then the North County Times Achieves to find them.

R/ Skip

Do You want to read a story that is Really UNFAIR wrote on Oct 25, 2008 1:02 PM:

Here is a story that exemplifies what I refer to as being "UNFAIR". This story was printed in the North County Times a few years back and was also written by Mr. Sifuentes.

COST OF ILLEGAL IMMIGRATION IN THE STATE OF CALIFORNIA ESTIMATED AT NEARLY 9 BILLION

And this was in 2004.

Let’s say this number stayed the same since then. Then today at 4 years later that would represent about 36 BILLION DOLLARS.

How much is our state budget deficient now?

http://www.nctimes.com/articles/2004/12 ... 2_5_04.txt

Post Your Comments

http://www.nctimes.com/articles/2008/10 ... 7ad064.txt

Mourning Mother

wrote on Oct 25, 2008 4:01 PM:

My daughter was run over and KILLED by an UNLICENSED DRIVER. Is her right to LIVE 'less important' than alienating a segment of the population that refuses to obtain driver's licenses and follow our laws? NO!! Why not spend the precious dollars (paying these advocates) towards educating unlicensed drivers in our roadway-laws and getting those unlicensed drivers LICENSED?!?! My daughter would be alive today if that driver had been pulled over at a check-point.

http://www.nctimes.com/articles/2008/10 ... 7ad064.txt