Police roadblocks to remove unlicensed drivers challenged in court

[Socio]

Police roadblocks to remove unlicensed drivers challenged

A controversial police technique to remove unlicensed drivers from the roads is being challenged on civil rights grounds, and another federal court decision is expected soon, it was reported today.

Police across California are using temporary roadblocks to find unlicensed drivers, and impound their cars. But Latino rights groups say that practice is discriminatory and aimed at undocumented workers, who are unable to pay for their cars' steep impound fees.

Three civil rights law firms have sued several agencies, including the City of Los Angeles, for impounding cars owned by illegal aliens, who are barred by state law from getting drivers licenses. The suit claims that Latinos are being singled out in an unconstitutional, sweeping move that violates constitutional protections against unreasonable police conduct against all persons, not just U.S. citizens.

``We've heard a lot of complaints from the Latino community,'' said Bill Flores, a San Diego County Latino organizer, in an interview with the Oceanside North County Times. He noted that the impound fees of $1,500 must be added to towing and administrative fees that can go above another $400.

the government attorneys argue that state law is aimed at protecting the public by removing the cars driven by unlicensed, uninsured drivers from the streets immediately.

But recent decisions by the Ninth Circuit Court of Appeals have prompted a statewide association of police chiefs to warn its members that impounding cars merely because the driver is unlicensed is an unconstitutional seizure under the Fourth Amendment to the U.S. Constitution.

If they are here illegally and caught breaking the law, they should be held for ICE and be deported so there should be no beef over impounding their vehicle.

If they are here illegally, breaking the law not deported as usual they should not be able to acquire drivers licences or insurance so how can they ever be allowed to get a vehicle out of impound that they can not use legally anyway?

If you can't impound them then what are you do with all their vehicles they are caught driving that they can never operate legally, just leave them parked all over our cities forever?

 

[Rainsford]

Whining a lot isn't the key to bypassing the constitution. Impounding cars for that particular reason is an illegal seizure, as the 9th circuit court suggested. End of story. I agree that unlicensed or uninsured motorists should be off the highway, I don't think taking their cars is the only way to do it.

 

[1EZduzit]

Originally posted by: Socio

If you can't impound them then what are you do with all their vehicles they are caught driving that they can never operate legally, just leave them parked all over our cities forever?

Sell it and buy them a ticket home..... a plane ticket home.

 

[jpeyton]

Police road blocks to screen drivers is complete BS.

Just like road blocks to screen people leaving from bars.

I guess they should sweep through neighborhoods and inspect all our homes to make sure we're not doing anything illegal either.

 

[1EZduzit]

Originally posted by: jpeyton
Police road blocks to screen drivers is complete BS.

Just like road blocks to screen people leaving from bars.

I guess they should sweep through neighborhoods and inspect all our homes to make sure we're not doing anything illegal either.

You have to wonder how many drunks they catch when looking for illegals..... and vice versa.

 

[Sinsear]

They did that here on Long Island out in Suffolk County for a bit. There was a stop put to it quite quickly when it became apparent that the police were setting up said traffic stops in Hispanic neighborhoods.

 

[Socio]

Originally posted by: Rainsford
Whining a lot isn't the key to bypassing the constitution. Impounding cars for that particular reason is an illegal seizure, as the 9th circuit court suggested. End of story. I agree that unlicensed or uninsured motorists should be off the highway, I don't think taking their cars is the only way to do it.

There are really only two ways to keep them off the road; You either have to take their cars away from them until they can show they have a valid drivers license insurance or incarcerate the drivers until they can show they have a valid drivers license and insurance.

 

[Nebor]

Originally posted by: jpeyton
Police road blocks to screen drivers is complete BS.

Just like road blocks to screen people leaving from bars.

I guess they should sweep through neighborhoods and inspect all our homes to make sure we're not doing anything illegal either.

Agreed. Roadblocks are blatantly unconstitutional.

 

[babylon5]

This issue should go to Supreme Court.

 

[OrganizedChaos]

Originally posted by: 1EZduzit

Originally posted by: Socio

If you can't impound them then what are you do with all their vehicles they are caught driving that they can never operate legally, just leave them parked all over our cities forever?

Sell it and buy them a ticket home..... a plane ticket home.

if they wanted to be home they wouldn't be here. give them a free plane ticket to england.

 

[1prophet]

Is driving a right or a privilege?

 

[IGBT]

Originally posted by: jpeyton
Police road blocks to screen drivers is complete BS.

Just like road blocks to screen people leaving from bars.

I guess they should sweep through neighborhoods and inspect all our homes to make sure we're not doing anything illegal either.

..I'd like to check your place and see what's going on.

 

[marincounty]

Originally posted by: Nebor

Originally posted by: jpeyton
Police road blocks to screen drivers is complete BS.

Just like road blocks to screen people leaving from bars.

I guess they should sweep through neighborhoods and inspect all our homes to make sure we're not doing anything illegal either.

Agreed. Roadblocks are blatantly unconstitutional.

Wrong. The Supreme court says that roadblocks to catch drunks are constitutional.
I say we need a new Supreme court.

 

[Socio]

Ok here is a way to circumvent the constitutional issue;

Once caught give them the option to have their vehicle towed to impound and stored until they have proof of a valid license and insurance and they will have to pay a towing and storage fee. Or have the vehicle towed their residence and wheel locks installed making the vehicle immobile until have proof of a valid license and insurance, plus they will have to pay a towing fee and wheel lock rental fee for as long as they remain on the vehicle.

This way it is their choice to have it impounded or not and it keeps them off the street.

 

[StageLeft]

This country is systematically unwilling to enforce its own immigration laws and that is discraceful. It's also discraceful that most people want them enforced and yet their leaders do nothing, which demonstrates to us the disconnect between the citizens' wants and what they get.

 

[CADsortaGUY]

I really dislike roadblocks. Seatbelts, drinking, or otherwise.

 

[Mxylplyx]

Funny how nobody has problems with roadblocks that are set up to catch drunks, but when we start netting a protected political class, then it becomes a constitutional issue. Actually it's not funny, it's sickening.

 

[jackschmittusa]

I, for one, have always railed against roadblocks/checkpoints, for whatever reason.

IMHO, the police have no legitimate right to interfere with your right to travel without probable cause.

First, they watered down "probable cause" to "reasonable suspicion"; then they even threw that out. Now it's more like "If we examine enough people closely, and without warning, maybe we will find somebody doing something wrong.

It seems to take something away from the phrase "Land of the Free".

 

[Zebo]

Originally posted by: Skoorb
It's also discraceful that most people want them enforced and yet their leaders do nothing, which demonstrates to us the disconnect between the citizens' wants and what they get.

Ya think? I can think of about 100 issues the same way. If it's not wag the dog it's ignore the problem. We live in a county thats really not a democracy but instead follows the golden rule. Those with gold make the rules. What does the top 1% care about illegals or imports or health care for all or poor kids beings cut to pieces in Iraq or...

 

[Wheezer]

I don't have a problem at all with roadblocks at all catching drunks. I would rather some drunk driver have his "rights violated" than have some innocent man, woman or child killed because someone is too god damned dumb to stay off the road after a few beers.

You wanna eliminate drunk driving checkpoints? Eliminate drunk driving.

pretty simple.

 

[Nebor]

Originally posted by: Wheezer
I don't have a problem at all with roadblocks at all catching drunks. I would rather some drunk driver have his "rights violated" than have some innocent man, woman or child killed because someone is too god damned dumb to stay off the road after a few beers.

You wanna eliminate drunk driving checkpoints? Eliminate drunk driving.

pretty simple.

Well let's have blood tests for drugs at road blocks too. Eventually you'll catch a few people hopped up on goofballs, so it'll all be worth, right? I mean, you don't have anything to hide, so give us a little bit of your time and blood.

 

[Auryg]

While I don't agree with the methods, I don't have much sympathy.

It's not racial profiling, even if they set up the roadblock in the most Hispanic of neighborhoods. They're obviously going to set up the roadblocks where they're going to catch the most people. That's like saying having more cops patrol in north Minneapolis (bigger black population) is racial profiling, even though most of the crime happens there. Are we supposed to evenly distribute cops so we don't offend anyone? Yeesh.

All that said, yeah..roadblocks are ridiculous. They need to find a different way.

 

[compuwiz1]

They could just put gates across most of the aparment driveways in sacramento county, and they'd have trapped about 40% of the illegal population here. The courts would instantly have to increase staff tenfold. :shocked:

Obviously, the above post is rediculous. Not gonna happen.

 

[StageLeft]

Originally posted by: Nebor

Originally posted by: Wheezer
I don't have a problem at all with roadblocks at all catching drunks. I would rather some drunk driver have his "rights violated" than have some innocent man, woman or child killed because someone is too god damned dumb to stay off the road after a few beers.

You wanna eliminate drunk driving checkpoints? Eliminate drunk driving.

pretty simple.

Well let's have blood tests for drugs at road blocks too. Eventually you'll catch a few people hopped up on goofballs, so it'll all be worth, right? I mean, you don't have anything to hide, so give us a little bit of your time and blood.

Blood test is more invasive than rolling down one's window and a cop peaking in for a moment.

 

[Socio]

I think it is getting to the point where we might as well issue official ?Above The Law? bumper stickers or license plate tags to illegal immigrants so law enforcement knows right off to just look the other way.