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08-28-2007, 07:34 PM #1
L.A. police to stop impounding cars of unlicensed drivers
LAPD Gives In to Auto Impound Issue
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http://www.latimes.com/news/local/la-me ... california
From the Los Angeles Times
L.A. police to stop impounding cars of unlicensed drivers
By Richard Winton
Times Staff Writer
3:40 PM PDT, August 28, 2007
The Los Angeles Police Department has imposed a moratorium on impounding the vehicles of unlicensed drivers based on advice from the city attorney that such a practice may be unconstitutional.
The decision touches on what has long been a hot-button issue, because many unlicensed drivers who have their cars towed are illegal immigrants who cannot get driver's licenses.
Immigrant-rights groups and some legislators for years have sought legislation granting illegal immigrants some form of a driver's license -- but the bills have been repeatedly rejected, most recently by Gov. Arnold Schwarzenegger.
In a memo to all commanding officers, Assistant Chief Earl Paysinger directed that police cease the practice of impounding vehicles in stops where the only offense is driving without a license.
Such drivers will continue to be cited, but the vehicle can be impounded only if it cannot be driven away by licensed driver or parked and secured legally.
The temporary moratorium, according to Paysinger, will remain in place until the LAPD "receives clarification" from the city attorney's office on the November 2005 decision by U.S. 9th Circuit Court of Appeals involving an Oregon case of impounding. L.A. City Councilman Jose Huizar last month called on city lawyers to examine the Oregon case.
The Los Angeles County Sheriff's Department is continuing to impound unlicensed drivers' vehicles.
According to law enforcement sources, task forces such as one targeting the Sunset Strip now rely on state officers to impound unlicensed drivers' vehicles.
In contrast to the recently issued LAPD memo, the Alameda County district attorney's office analyzed the Oregon case and advised law enforcement there to continue to impound vehicles driven by unlicensed drivers.
If<div align="center">" Toto, I've a feeling we're not in Kansas anymore "
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08-28-2007, 07:55 PM #2
This has Mayor VillaLaRaza written all over it....probably the only way he can placate his subjects and exact his "revenge" for the deportation of Saint Elvira
I'm just waiting for the day his little Kingdom of Los Aliens totally unravels and collapses around his ears. But, judging from his performance to date, the moron will just fiddle while it burns.Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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08-28-2007, 08:36 PM #3
You forgot Rocky Delgadillo the city attorney. Villars partner.
Rocky Delgadillo's Flameout
Once a rising star, the city attorney muffs it with endless screwups
By CHRISTINE PELISEK
Wednesday, June 27, 2007 - 6:00 pm
Princess potential: Did Michelle Delgadillo’s scofflaw habits rub off on Rocky? (MICHELLE: AP/L.A. TIMES/MYUNG J. CHUN; ROCKY: AP/KEVORK DJANSEZIAN)
It was one indicator of the feeding frenzy over Los Angeles City Attorney Rocky Delgadillo’s ethics peccadilloes that when the L.A. Weekly sought comment from Doug Dowie, a convicted PR executive whom Delgadillo accused of padding billings to the city by a staggering $4.2 million, a Dowie friend inadvertently sent a response intended for Dowie, exclaiming, “Your life is on the uptick and [Delgadillo’s] is destructing without you having to do a thing (it’s very Zen to learn to take pleasure in the work of others).â€<div align="center">" Toto, I've a feeling we're not in Kansas anymore "
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08-29-2007, 03:51 AM #4
LAPD Stops Impounding Cars Driven By Unlicensed Drivers
The Los Angeles Police Department has ordered its officers to temporarily stop 30-day impounds of cars driven by unlicensed drivers, removing a significant consequence to driving without a license in the City of Los Angeles.
By Eric Leonard/KFI NEWS
Tuesday, August 28, 2007
A department memo obtained by KFI NEWS also orders officers to stop arresting motorists solely for driving without a valid license. The memo says the city attorneys office needs time to review an appeals court decision in a police vehicle impound case from Oregon.
"We’re just being very cautious in our application of policy in that regard," said the memo’s author, assistant chief Earle Paysinger.
The court decision, Miranda v. City of Cornelius, was published by the Ninth Circuit Court of Appeals in November, 2005, and ruled police in Oregon could be sued for improperly impounding the plaintiff’s car.
"We first became aware of it as a result of notification by the city attorneys office," Paysinger said.
A spokesman for the city attorney was checking on the case and what direction had been given to the LAPD.
L.A. City Councilmembers Jose Huizar and Janice Hahn formally requested a review of the Ninth Circuit decision June 19th, according to council records.
"Many hard-working individuals have had their vehicles impounded for driving without a license, resulting in adverse economic consequences for their families," the motion said.
"These individuals need access to a vehicle in order to provide for their families, seek medical care and supportive services, and care for their children," it said.
Other municipalities in California have already investigated the court ruling.
An opinion by the Alameda County District Attorney’s office said there was nothing in the decision that would bar 30-day impounds of cars driven by unlicensed drivers.
"There was nothing in the court’s decision that would warrant such an expansive view of its ruling,â€<div align="center">" Toto, I've a feeling we're not in Kansas anymore "
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08-29-2007, 04:22 AM #5
I think if I was a cop in LA, I would find a way to leave permenately. LA has become a racist city thanks to its mayor.
Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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08-29-2007, 11:20 AM #6Originally Posted by Rockfish<div align="center">" Toto, I've a feeling we're not in Kansas anymore "
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08-29-2007, 11:33 AM #7Originally Posted by EqualizerOur country's founders cherished liberty, not democracy.
-Ron Paul
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08-29-2007, 06:00 PM #8
[b]Another update to the story!
L.A. police to stop impounding cars of unlicensed drivers
Officers will impound unlicensed drivers' cars under some conditions only, pending a legal assessment of a ruling in an Oregon case.
By Richard Winton, Los Angeles Times Staff Writer
August 29, 2007
The Los Angeles Police Department has imposed a moratorium on impounding the vehicles of unlicensed drivers amid concerns that the practice may be unconstitutional, officials said Tuesday.
The decision touches on what has long been a hot-button issue, because many unlicensed drivers who have their cars towed are illegal immigrants who cannot get driver's licenses.
Immigrant rights groups and some legislators for years have sought legislation granting illegal immigrants some form of driver's licenses -- but the bills have been repeatedly rejected, most recently by Gov. Arnold Schwarzenegger. Former Gov. Gray Davis signed such a bill during the recall campaign against him, but the Legislature repealed the law at Schwarzenegger's urging soon after he ousted Davis.
LAPD officials said they decided to stop impounding until the city attorney's office provides a final legal assessment of a 2005 decision by the U.S. 9th Circuit Court of Appeals involving an Oregon impound case.
The department's change comes after some civil rights groups as well as L.A. politicians called on the city to consider suspending impounding because of the Oregon ruling. The LAPD impounds about 40,000 cars a year from unlicensed drivers, though officials don't know how many of them are illegal immigrants.
But many other agencies -- including the L.A. County Sheriff's Department and California Highway Patrol -- continue to impound cars of unlicensed drivers, with some counties concluding that the appeals court ruling does not apply to them.
In a memo to all the LAPD's commanding officers, Assistant Chief Earl Paysinger directed that officers no longer impound vehicles in stops when the only offense was driving without a license. Drivers will continue to be cited for driving without a license. But the vehicle will be impounded only when it cannot be driven away by a licensed driver or parked legally and secured.
The moratorium met with immediate criticism Tuesday from some who see it as giving lawbreakers a free ride.
Councilman Dennis Zine, a reserve and former LAPD motorcycle officer, said the city could be liable if that unlicensed driver gets behind the wheel of that vehicle again and someone gets hurt. "You are jeopardizing public safety," Zine said.
Councilman Jose Huizar, who in June called on city leaders to study the Oregon ruling, said the city needs to follow the letter of the law, even if it's unpopular.
"According to the case, you cannot constitutionally impound a car because the driver does not have a driver's license. So I sought thatclarification," Huizar said. "I wanted to ensure the city complies with the law."
In Miranda vs. City Cornelius, the 9th Circuit found that impounding a legally parked vehicle was unreasonable seizure of private property under the 4th and 14th amendments when there was no reasonable public safety justification.
The Oregon case involved Jorge Miranda, who was teaching his unlicensed wife, Irene, to drive his vehicle. An officer saw the woman driving and made a traffic stop in the couple's driveway. The officer cited the husband for allowing an unlicensed driver to operate his car and cited the wife for driving without a license. Police impounded the vehicle for 30 days.
Other law enforcement agencies have reviewed the case and concluded that they can continue impounding cars.
The Alameda County district attorney's office found the case involved "special circumstances" -- that is, the driver was actually in his driveway when the impound occurred -- and therefore was different from police pulling over a car on the street.
But state Sen. Gil Cedillo (D-Los Angeles) includes information on his website about how unlicensed drivers can fight impounds, citing the Oregon case. The information is presented in the form of a card that can be copied and carried in a driver's wallet or purse.
"Bill Bratton is a great police chief," said Cedillo, praising the LAPD action. "We just want people to follow the law."
Paysinger said the LAPD decided to impose the moratorium after discussing the issue with the city attorney's lawyers. He said the attorneys told the department that they believed there were potential constitutional issues with the impounding of cars from unlicensed drivers.
City attorney spokesman Frank Mateljan said the LAPD asked his office to examine the issue. City prosecutors, he added, didn't suggest the moratorium.
richard.winton@latimes.com
http://www.latimes.com/news/local/la-me ... &cset=true<div align="center">" Toto, I've a feeling we're not in Kansas anymore "
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08-29-2007, 07:09 PM #9
This is one of many reasons I left California after living there 23 years.
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08-29-2007, 11:08 PM #10
What's next I wonder? Drunk drivers won't be arrested because too many "immigrants" drive drunk?
por las chupacabras todo, fuero de las chupacabras nada
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