LAPD and ACLU reach settlement on skid row searches

Los Angeles police officers face significant restrictions on when they can search people under a agreement announced Thursday that settles a landmark homeless right case.

The agreement comes 18 months after a federal judge found that the LAPD was unconstitutionally searching homeless people in the skid row area as part of Chief William J. Bratton's crackdown on downtown crime.

While the LAPD has strongly disputed the judge's findings, officials have agreed to dozens of conditions under which officers would be prohibited from searching people they come across on the street.

Officers will no long be allowed to search people caught jaywalking, sleeping on the street or cited and released in the field for minor offenses. Officers are also prohibited from handcuffing subjects "unless there is reasonable suspicion that the person may harm the officers, other people or may flee or destroy evidence." Limits were also set on when officers can run warrant checks.

"This settlement will ensure important checks on the LAPD’s aggressive tactics on skid row," said Peter Bibring, an ACLU of Southern California attorney. "The Constitution protects every Angeleno against unlawful stops and searches, from those living in Hollywood Hills to those sleeping on the streets of downtown. This is an important step in showing aggressive policing is not going to solve the problems of homelessness in the downtown.”

The current LAPD captain for Central Division, Jodi Wakefield, said that she disagreed with the judge's assessment of her officers' conduct.

"We agree to disagree," she said. "But there's nothing wrong with us going back and making sure that our officers clearly understand the Constitution, and all the laws they have to abide by. I feel confident they do."

Paul M. Weber, President of the Los Angeles Police Protective League said the efforts of LAPD officers have improved the downtown area.

“The streets of Skid Row are much safer today, thanks to the dedication of the officers working in the Central Area," he said. "LAPD officers working on Skid Row have always been and will continue to be sensitive to the special needs and conditions of the people who live in the community.”

-- Cara Mia DiMassa and Richard Winton

Photo credit: Los Angeles Times

Comments

[jeffsd]

how horrible. maybe the police should just hand out flowers instead of tickets. every vagrant should be rounded up and forced to work or sit in a jail cell. (and by work, i mean contribute to society.)

[Mike]

I work in the downtown area and have seen a vast improvement in the quality of life thanks to the LAPD's great work. I hope their progress isn't turned back by these bad settlements and the flawed thinking of a poor judge. I also hope their safety isn't compromised.

Good job LAPD and thanks for the great service and cleaning up what was once and is now again a great part of the city.

[Paul Peete]

The LAPD occasionally takes an aggressive posture with citizens who are not the American ideal, not just the homeless. The homeless situation downtown is horrible and the police are taxed with solving a social problem that will not be solved by the arrest and incarceration of vagrants in an already overburdened Justice system.

This judge's ruling only gives police directions to treat vagrants as citizens with constitutional rights; they still are within their rights to deal with those who pose a threat to them or others. Just being homeless is not a crime and with our economy in the condition it's in we may see many more homeless on our streets. This country has become less concerned with the collective welfare of our people since the Reagan years, perhaps Obama will help us return to a more compassionate nation.

[Ronnie]

There is another article in today's new about more Californians leaving the State than entering. Here is another godd reason to leave. The bad guys are being allowed to rule in LA.

[ricardo V from LA]

While I agree that homeless people have rights like everyone else, I believe the ACLU should spend some of their funds in programs that fight for these folks to have a home. Many of the people have mental health issues, as well as drug addiction and fall victims to drug dealers and to those prone to violence. How about suing the city or county for not providing programs, half-way houses or other means for the mentally ill to get off the streets ACLU? How about using your legal muscle and funds to make the entire city better, not just cure a symptom of a much larger societal program. Let me guess, you are only concerned with rights being violated, not actually solving anything. That's the kind of "passing the buck" mentality brings no change.

[greg]

It is legal for an officer to ask a person for their name. If the person provides her or her name the officer can run a warrant check. Many wanted felons are located in this manner making the streets safer for all, even the ACLU. Why are we so intent on making new law? Why not just operate within current legal parameters which are restrictive enough already?

[hurt]

I have had my home searched without a warrant

and everytime I call the POLICE they sent swat...

i say waste of funds

[Louweegie272]

Ridiculous, why are we handcuffing Police Officers and not letting them do their jobs? . Arresting people on "quality of life" crimes has prevented many from committing far greater crimes. What a waste of taxpayer's money.

[Bill F]

No one should be permitted to sleep in the street or jaywalk

[Melro]

"But there's nothing wrong with us going back and making sure that our officers clearly understand the Constitution" Duhh! You think!?

[Al Bundy]

The ACLU cracks me up. Self-proclaimed experts on policing in a major metropolitan area, but none of them have ever done it. Hilarious.

[Glad]

It's actually a good thing that this was settled in this manner. People have to understand that police are people first. People are not perfect. Some people are good and some people are bad. Some officers are bad and some officers are good. Some of these officers were doing bad things to good people just because they were homeless. We all have to realize that most of us are one, two or maybe three paychecks away from being homeless. Would we want the police stopping and searching us or our family members for no reason? This is why the settlement was made. Remember, homeless people are still human and are still AMERICAN. I feel sorry for the people who don't realize that fact.

[Bongo]

The middle classes are about to join the homeless on the streets.

[m]

Yeah, how dare those at the bottom of society expect to have rights? Maybe if they weren't so damn lazy and smelly, they could be productive members of society...See that sound ridiculous, but that is what Mike and jeffsd are espousing.

I applaud the decision. The Constitution was written to protect everyone. This is a victory for everyone that falls under the Constitution.

[Frank]

This is ridiculous. Instead of worrying about these worthless bums, the ACLU should be concerned with the Marines' involvement in roadside check points in San Bernardino County. That violation of posse comitatis is the real threat against civil rights.

[stewart]

I am a limousine driver, some times II am dispatched to the downtown to pick up and drop off. Many times I am compelled to wait in the area, often in the late and early hours of the day.
Downtown is a world apart from where most of us live. I dont think the day has ever passed when I am downtown that I am so overwhelmed by the conditions some endure that I do not buy some one a McDonalds Happy meal not buy some juice and vitamins in one case for a female aids victim hovering near death.
I always feel like a target for a street robbery, I caution visitors to not stray intot he streets alone.

[KC]

Excellent!! Cops finally being ordered to following the law, once again. Will miracles never cease? But my faith in Santa will be restored when one or more are arrested for breaking the highest law in the land, the Constitution of the U.S.

Merry Christmas And Due Process To One And All!

[Phil]

Jeffsd might hope he doesn't also loose his job and end up on the street. No state can legitimately round people up and force them to work, that is called slavery. China does that today and they are rightly condemned for this. Being out of work is not a crime, and I would not be too smug about keeping your own job in view of the current economic crisis. Before jumping on your high horse you might want to ask why a lot of these people are homeless in the first place.

[Gary]

Its ironic that the LAPD which is suppose to serve and protect its clientele must be forced to not violate the constitutional rights of those they're serving and protecting. Its our taxpayer dollars that hire and pay the salaries of the very same officers that abuse many of those too impoverished to defend themselves. Is that what we want? Its definitely what we've allowed up until now, but is it really what we want our police force to be doing? Listen, don't get me wrong. I'm not into bashing cops or rebellious towards authority.
I believe we need law enforcement, but somewhere it got twisted and we work for them now instead the other way around. They tell us what they're going to do and we sit there and somehow believe we've just got to take it. The judge in this case, who by virtue of their title, knows the law far better than someone who probably just met the minimum requirements for employment by earning a GED and not committing a felony.
This is not unique to the LAPD. Police agencies all over the country are having difficulty knowing where the line is when it comes to violating the constitutional rights of citizens. Many times the police determine (mainly by the ethnicity, and the preconceived economic status of the citizen they are dealing) whether that particular citizen deserves certain constitutional protections. Its unfortunate, but all too real. Many who have a hard time believing this may be doing so because they are not of that particular ethnic or economic persuasion. Just because it doesn't happen to you; doesn't mean that it doesn't happen. And just because it happens to someone doesn't necessarily mean that that person or group is guilty of anything other than that police officers personal prejudices. So, I applaud the judge for having the political courage and moral character to stand up for many who can't stand for themselves. They should be commended not criticized, especially in this day and time when many who have been given the charge to render justice to all, are found to be nothing more than pawns of the powerful and the wealthy.

[Averroes]

Mike your an idiot!! Go back to the suburbs.

[KW]

Yeah, Jeffsd, it's horrible that people's constitutional rights are being protected.

The fourth amendment is clear, the public is protected from unreasonable search and seizure. Homeless people have the same rights you do. If you were being stopped and searched unlawfully you would be outraged. Bravo to the judge for standing up for the constitution and human rights.

[Disappointed]

Just when I didn't think the ACLU could sink any lower I hear this. Do people not understand that the ACLU just created case law that will carry over into their own cozy little enclaves and neighborhoods. The precedent set in this case will effectively curtail the ability for police to search people for weapons or narcotics not just in Skid Row but EVERYWHERE in Los Angeles and Southern California. The ACLU is causing more harm than good and I am sick of it. Let the ACLU board members who had a hand in this decision see how long they would last in Central Division without the police there to protect them.

[acc]

I'm grateful for our LAPD. However, persecuting the homeless of skid row, or anywhere else for that matter, is not a solution. It does not make sense that the chronically homeless and targeted. They are the one's least likely to be able to do for themselves. How does moving them out of the area or putting them in jail help anything? Yes, they need jobs, but only a person with a roof over their head and food in their stomach can do that. Many of these people are mentally ill or have chronic abuse problelms. Anyone who thinks that just because they are not seen is an improvement, it isn't - it just politics. They need real help, like healthcare and housing - just like we do.

[Dolmance]

Several years ago I witnessed a mugging in downtown Los Angeles in which the perpetrator used a pair of brass knuckles on a pedestrian. I called the police on my cell phone and told them the direction the offender had gone. They wanted me to accompany them on a search for the guy so I could point him out, but they wouldn't take me unless I submitted to being handcuffed in the backseat of their car while we went to go look for him.

I did not agree to help them. And short of a missive from God himself, nothing could get me to visit your city again.

[cindy]

Any homeless person needing a place to sleep or location to ask for money may go to 1313 West Eighth St.
Los Angeles, CA 90017

They will be afforded free unrestricted access to safe sleeping infront of our building.

[Pablo]

How sad for all the decent, law-abiding homeless poor folks who live in the skid row area! I've lived in or worked in downtown areas of LA, San Francisco, and Oakland for almost 25 years and I've never seen the cops harass anybody who wasn't stoned or dangerously mentally ill. It's truly amazing to know how many hardworking homeless men, women, and children live on the margins of life -- people who are simply down on their luck. Without the ability to use a little discretion, cops will now have a hard time keeping these decent poor folks safe from the monsters who claim skid row.

[Robert T. Green]

YES! It is time to crack down on those 'poor' who haven't learned how to be greedy money whores like our more upstanding citizens!

[Ben]

Yes, it surely is horrible that police will be restricted to searching vagrants only when there exists probable cause. I much prefer a state of affairs in which constitutional protections which preserve the right against government intrusion are subordinated to society's interest of allowing the police to detain and search individuals about whom they believe might be braking the law based their transient status. Hey you, judge, stop messing with cops because, as Ms. Wakefield points out, they "clearly understand the Constitution."

[Bill]

I live and work in Hollywood, and I watch closely - and it seems that almost every time the cops stop a young black or hispanic man for a traffic ticket, they also search their car, handcuff then, several squad cars arrive and the cops mill about - and they spend a great amount of time and manpower - and then let them go.

If I get a ticket, I stay in my car, listening to music or talking on the phone, and a few minutes later the cop comes back to me and I sign the ticket and I'm gone.
I look mostly white, although I'm not really.

Is this the kind of world that jeffsd and Mike contemplate - that the cops search and handcuff people based on their perceived "status" rather than on what they actually did????

Hooray for the ACLU - and I hope this applies citywide!

[Art]

The ACLU does a good job, but when something is working well, they should leave it alone. I just read where the Sup court says a good samaritan can be sued for giving aid. They need to spend their time on that, or are citizens supposed to watch someone die, when they could help. Give law abiding citizens a break. The police are doing a great job on skid row, leave them alone.

[James Sullivan]

What do you call a thousand ACLU lawyers at the bottom of the sea? A good start. But seriously what can you expect from a bunch of vultures whose only concern is to provide job security for others of their ilk. But thanks to the most recent good samaritan ruling by the California Supreme Court I will gladly do nothing the next time a lawyer needs help. I wonder if its too much to ask that this Christmas I get to roast chestnuts over a car fire with a screaming ACLU lawyer trapped inside?

[Joewashere]

Mr. Peter Bibring,

Can you please tell us what will solve the problems of homelessness in the downtown area? I would love to hear your solution. Or are you just like everyone else, out to get money from the City and give nothing in return?

[cameron]

The fourth amendment does protect liberty, but when you are a law breaker, you loose it. You are subject to search and seizure. If you are sleeping on the sidewalk, peeing and pooping in alleys and doorways, smoking crack, stealing shopping carts, stealing cans from recycle bins, etc... you are a criminal. Are all homeless people criminals, no. But many that the LAPD stop are criminals. LAPD does not search people without probable cause for arrest, or consent. LAPD has done a great job in cleaning up downtown. Stupid judges, lawyers, stupid citizens who talk about rights for the homeless would never put their hands on a homeless person, or ever offer any personal assistance, but they have a fit when LAPD does their job.

[RS]

This so cool; can you imagine the relief that the police officers will feel not having to handle people who’s hygiene is ??? And the uneasy feeling they will have being around those who have on fear of search?? And all the new mobile stashes the gangs will have for things best not on their persons? Good work ACLU you have made our streets safer for those who have need to exploit it.

[Jim]

It's funny to read so many ignorant comments! The ACLU is now governing the LAPD-stand by. Yes, I work for the LAPD, but I'm not a fan of everything they do. But, I dare anyone of you to take a ride along in the Skid Row Area. There you can see for yourself drug abuse, mental illness and lawlessness first hand.

Sure, blame it on the LAPD, but what have you done! The officers assigned to the Central Area care more about these individuals than you will ever realize. I have seen 75 year old men and women addicted to crack. Until you have dealt with and been around Skid Row, please don't throw stones.

One last thing, before the Safer Cities Initiative 120 skid Row residents were found dead (overdose, natural or exposure) on the streets each year. Today, we average less than 60. So, who really cares ?

[Chris]

Once again, the ACLU triumphs in ensuring that criminal liberties are protected. The main reason I despise this information is that as an American-American, who respects the law, pays my taxes, and votes, they never seem to want to protect my civil rights, but only the civil rights of those who violate the rights of others. The American Criminal Liberties Union only cares about helping those who disrespect others.

[American]

I have rentals in the LA area. When I first started rentiing my places, I was taken in by stories of "Hard times", and gave several people a place to live with no deposit or credit check. All I verified was an income. Within the first month, my rentals were trashed by these tenants, who quite often moved several other transients in with them. After spending thousands on evicitons and rebuilding the apartments, I now realize that while a small amount of people may fall on hard times and have "no where to go", most people on the streets have other options, and chose the street life style. Most of them are con artists that laugh at the laws that the rest of us live by. Why should the rest of the law abiding citizens be subjected to having to step over the drunks and drug addicts in the streets? We already live behind locked doors with barking dogs and alarm systems. We have made a choice to be both responsible and contributing members of society. It is a choice available to everyone. We should not be punished for wanting to be safe.

[Tim Cockrell]

As Johnny Cockran said, "The color of justice in America is green"; And the homeless don't have any green. If you give them a check they spend it on cigarettes, alcohol and drugs so there's no hope for most of the homeless. But that's not all bad for it spurs the economy. It's probably cheaper to let them sleep outdoors than to house them in jails. California is in a budget crisis and can't afford to waste money on winos, pyschos and schizos. The best you can do is build them a cardboard city and give them some green space to get them off the streets of L.A. Let them elect their own mayor and sheriff; Appoint deputies and give'em badges. Make'em feel human -- that their plight is not hopeless. Or just round'em up, tattoo them -- most are probably already tattooed sufficiently -- and ship them to Catalina. . -- Tim in Kentucky

[Lt. Mac]

Having done two tours in Central Area I think I can speak with some credibility. In 1974 I was a patrol officer who walked a beat and drove the "B" wagon. If you had someone sleeping on the street you were not keeping a clean beat. The problem was 80% alcoholics and 20 %drugs (1997 80% drugs and 20% alcohol). We checked the porno theaters for those who had their pockets slashed and were robbed.

In 1997 I returned to Central Area as a field sergeant. The streets smelled of urine and human excrement. Porta-potties were provided by the benevolent City Council person. I removed three people from them two of whom did not survive the experience from heroin overdoses. Are we really a kinder gentler society because now people have a "legal" right to sleep on the street and put up a "cardboard condo" and be victimized while they sleep? Many of the homeless are mentally ill or addicted to crack cocaine. They cannot qualify to stay in the Single Room Occupancy (SRO) housing because of their substance abuse. Since we decriminalized alcohol and drug abuse, there is no intervention. People walk in the front door of Detox and walk out the back. With the "B" wagon and the public drunkenness laws, there was some intervention and our arrestees got a chance to dry out at the Saugus complex. Our Academy was partially built with inmate and officer volunteer labor. What a novel idea for contemporary community policing. Personally, in 1974, we were doing a better job for the homeless and down and out. Good luck to Jack Reacher, the Senior Lead Officer, pictured in the photo. I had the honor to be his field sergeant, when he was a young officer still learning his trade. The missions are big business and the problem is concentrated in too small an area for any police organization to solve. I and another sergeant transported our share of smelly, ill and homeless people, waiting to be a victim to the mission at 221 S. Main Street. Don't look for it, it doesn't exist any more. How times have changed. Now one doesn't have to just worry about if an action is illegal, unethical or violates Department Policy. One has to worry about whether the ACLU thinks I have violated their artificial rules. The "East Side" detail will now have a harder job. The DR numbers will rise and the problem will get worse. The scary part is that some cops will get hurt by a stoned parolee, because they were reluctant to search him. I liked it better in 1974, when a policeman was able to use his judgment and common sense to solve the individual problem. Then we were not afraid to do our jobs and surprise surprise that actually meant preventing the homeless and poor from becoming victims and apprehending the evildoers.

Did I mention that we had a lot less rats downtown, because the food donated by the "do gooders" was not thrown into the street attracting all the local rodents and vermin. Just a contemporary observation.

Lt. Mac

[Doc]

Lt. Mac,

Your comments are well written and quite sound. Unfortunately, those in the ACLU who have never earned the right to wear a badge (yes, Virginia, it takes more than a clean record and GED) will never understand.

We have similar issues where I patrol, but fortunately no consent decree or other foolishness to contend with.

Amazingly, we manage to enforce the law, keep the streets safe, and respect the Constitution and its various Amendments without a pencil neck ACLU chaperone.

Go figure.