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Busted! DUI checkpoints have led to the arrest and incarceration of some Kings Beach residents over recent months by ICE, the federal Immigration and Custom Enforcement Agency. Photo courtesy of ACLU |
Comments (2)Know Your Rights?
ACLU comes to Kings Beach
By Monica CaldariPublished: February 11, 2010
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Have you ever been pulled over and felt sheer terror even when you knew you’d done no wrong? Did your hands shake as you reached for your license and registration because of the loss of control you felt? Did your voice tremble as you answered a simple question?
This is what happened to Jessica Avila (name changed to protect privacy) as she drove her family to the Kings Beach Safeway one day over Labor Day weekend. She was stopped at a DUI checkpoint and failed to present her inadvertently forgotten driver’s license. Her nerves led her and her family members to respond to questions, even ones they were not legally bound to answer. Her father, a passenger in the car, was taken away by ICE (Immigration and Customs Enforcement) on suspicion of being undocumented. The family was distraught and unprepared for legal proceedings. The young children who witnessed this event still tremble at the sight of a police car and uniformed officers.
Even more perplexing is that Avila’s father is a legal, permanent resident of the United States, and her children are American born, raised, and educated.
Which leaves one to ponder: Did the Avila family know how to protect their constitutional rights when confronted by law enforcement? Could this tragedy have been averted?
The Fourth Amendment of the U.S. Constitution states that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” ACLU (American Civil Liberties Union) Attorney Amalia Greenberg Delgado reiterates, “All individuals, citizens, and non-citizens alike, should understand they have the right to protect their identity, their immigration status, and other liberties before law enforcement agencies.”
In response to concerns raised by community members regarding this DUI checkpoint, the North Tahoe Family Resource Center and Tahoe Women’s Services hosted representatives of the ACLU of Northern California to educate local community service agencies and residents on Friday, Jan. 29, with a Know Your Rights workshop. The workshop addressed concerns and questions about civil rights and the checkpoints themselves. For example, were the traffic stops about dangerous drivers and DUI violations, or about police overreaching and enforcing federal immigration law? Was there a precedent set? Would routine traffic stops become grounds for immigration officials’ involvement?
The presence of the ACLU created a sense of legitimacy: Members of the community felt they had a forum to learn and begin to exercise their civil rights. ACLU Attorney Jennifer Chang Newell emphasized the importance of community awareness and involvement in addition to encouraging residents to create their own watchdog groups if and when the checkpoints come up again. “When one member or an entire family within a community is affected, the entire community is affected.”
Emilio Vaca, director of the North Tahoe Family Resource Center, spoke of the long-term negative consequences of community raids and detentions. Recognizing that they can occur anytime creates tension for families (particularly children), the educational system, and even business owners. He described the “ghost town” feeling that pervades his small community when rumors circulate that “la Migra” is in town. It also negatively affects the economy.
The issue of immigration is one that divides families, communities, countries, and the world. It is not an issue we can neatly sweep under the rug and continue to ignore. Especially in a small community like ours that faces this every day in one way or another. As Paul Bancroft of Tahoe Women’s Services put it, “It is not an issue of us and them; it’s simple to dehumanize the plight of people and place blame without feeling empathy, yet this is a moral and human issue above all else.”
Vaca reiterated that the goals of community agencies must be to “create a safe and positive environment” for all community members. He encouraged developing action plans to protect children and allow families to feel prepared should they be taken away. “If we’re not ready to really deal with all social issues, then we’re not really serving our community.”
Following is a brief outline of the key points discussed in the workshops. It is not meant to replace legal advice.
Know Your Rights
If you get pulled over in your vehicle:
1. Don’t reach for your wallet or the glove box. Keep your hands on the steering wheel until the officer/sheriff approaches and asks for your information.
2. You only have to provide your name if you are stopped, or other basic identifying information like what would appear on an ID card. Drivers and passengers do not have to give any information on their immigration status.
If you are approached in a public area, a private home/building, or as the passenger of a vehicle:
1. You need not answer questions about where you are from, where you are going, where you were born, etc. You may provide your name, but are not obligated to turn over any documents.
2. An officer can only search your home if he or she has a court-issued warrant or permission from you. Police can search your car with your permission, a warrant, probable cause that a crime is being committed, during an inventory search, and with a few other exceptions. Officers can confiscate anything that can be seen in plain view outside the car. They can conduct a pat down search of your person if they are afraid you are dangerous and armed.
3. Ask the officer if you are free to leave. If so, walk, don’t run!
If you are taken into custody for criminal/immigration violation charges:
1. You have the right to make three phone calls within three hours of a criminal arrest and an additional two if you have children under the age of 18.
2. Demand to speak to your lawyer before you answer any questions or sign any papers. (For criminal charges, you have the right to a public attorney; for immigration issues, you must be provided with a list of available lawyers.)
Be prepared:
1. Avoid unnecessary reasons for getting pulled over. Follow the speed limit, keep your car registered and safe on the road, and always have your California driver’s license updated and on hand. Don’t drive drunk/recklessly.
2. If you do get pulled over, know your rights!
3. Memorize important phone numbers (lawyers, family members who can take care of your children, etc.).
4. Have an emergency plan. Be aware that at any moment life can throw a wrench into your plans. Leave a notarized letter stating who you would leave in charge in case of an emergency. If you have children, outline and discuss emergency plans with school, family, and friends in case of an emergency.
5. Do not carry false documents with you at any time.
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