Court Rules Against LAPD: Special Order 40 Lawsuit to Move Forward (officers may get hands untied)

Human Events ^ | Aug 03, 2006 | Tom Fitton

[gaussia]

A significant victory was won last week by Judicial Watch in its campaign to stop local law enforcement agencies from undermining federal immigration laws.

California Superior Court Judge Rolf M. Treu ruled against the Los Angeles Police Department in its attempt to halt Judicial Watch's lawsuit challenging Special Order 40, a policy that prohibits police officers from inquiring about an individual's immigration status and reportedly restricts police officers from fully cooperating with federal immigration officials.

Here's what the Judge Treu had to say about the LAPD's “demurr” (motion to dismiss): “The parties have expended a great deal of energy arguing their substantive claims here on demurrer.

However, in a demurrer, the sole issue is whether the facts pleaded, if true, state a valid cause of action. [Judicial Watch's] complaint sufficiently alleges a cause of action…to withstand demurrer. The demurrer is therefore overruled.”

I covered this case fairly extensively last week, so I won't go into too much detail with respect to the various legal arguments. However, I do encourage you to read the judge’s ruling for yourself. And feel free to visit our Special Order 40 summary page on the Internet for more information.

This case now moves to discovery and I will have much to report in the coming weeks.

[gaussia]

Special Order 40 prevents the LAPD from questioning anyone they arrest about their immigration status before criminal charges have been filed. Judicial Watch filed a lawsuit against SO40, very appropriately, on May 1, 2006.

From what I've heard from someone familiar with this area of the law, the judge's overruling of the motion to dismiss is a good sign SO40 may be rescinded.

[CondorFlight]

"that prohibits police officers from inquiring about an individual's immigration status "

If you change that policy, all you will get is a million illegals in Los Angeles who will be afraid to talk to the police about crime, give evidence, report theft, etc.

That's a recipe for a real underclass culture ruled by crime.

The fact that illegals have known that they can deal safely with the police and courts has made LA a safer city (to the extent that it can be made safer) for the past 50 years.

Changing that is shooting yourself in the foot, badly.

[muawiyah]

Why would 100% of the illegals stop ratting out their buddies to the cops?

Certainly there are telephones in California, and mail.

[Madeleine Ward]

Thanks for that liberal scare tactic to justify illegals continuing to break the law and law enforcement to ignore it. Good one.

[bboop]

"The illegals will go underground and fail to report crimes" is surely how the Sanctuary Folk portray this law. At the same time, it hog-ties the police from asking/ demanding documents from even KNOWN illegal, repeat criminals. And from doing anything about KNOWN illegal criminals who have actually committed crimes.

I celebrate this ruling. I'd love to see the law overturned and the LAPD given free rein to prosecute criminals.

[Lucky Dog]

If you change that policy, [prohibiting cops from inquiring about immigration status] all you will get is a million illegals in Los Angeles who will be afraid to talk to the police about crime, give evidence, report theft, etc.

You have presented no facts that illegals in Los Angles have been reporting anything to the cops. Consequently, what you have posed is known in logic as a false dilemma.

That's a recipe for a real underclass culture ruled by crime.

If your supposition were based upon fact rather than speculation, your assertion might be worthy of consideration. However, even if your supposition is true, it would negate the possibility that there is already a real underclass culture ruled by crime. Therefore, your objection is specious.

The fact that illegals have known that they can deal safely with the police and courts has made LA a safer city (to the extent that it can be made safer) for the past 50 years.

You have cited no facts. This method is a classic method of obscuring an issue with rhetoric rather than using logic and facts to come to reasonable courses of action.

Changing that [eliminating the prohibition on cops from inquiring about immigration status] is shooting yourself in the foot, badly.

Either present solid evidence or admit you’re wrong.

[seasoned traditionalist]

If you change that policy, all you will get is a million illegals in Los Angeles who will be afraid to talk to the police about crime, give evidence, report theft, etc.

That's a recipe for a real underclass culture ruled by crime.

Typical liberal, apologist drivel.

Like the mantra on the left is so quick to point out: "If you don't like the law (WHICH MAKES IT A CRIME TO ENTER THE US ILLEGALLY) than move to get it changed/rescinded."

Otherwise STFU and let LEA (in every State in Country) execute the lawful duties they swore to uphold.

And Pleeeze, don't give me that crap about it is not their responsibility (OR THAT THEY ARE NOT EMPOWERED TO DO SO) as this is a false and specious argument.

[traditional1]

"Thanks for that liberal scare tactic to justify illegals continuing to break the law and law enforcement to ignore it. Good one."

You're right on the money with that observation.

Probable cause is if you are Hispanic, you fit the description of ILLEGAL ALIEN, and if you are here illegally, you have proved the point.

Politically-correct be damned; "racial profiling" be damned. If you have no business being here, you are suspect.

If you are here legally, you have no problem being asked and providing documentation. If you provide FORGED documentation, you have broken even more laws.

[gaussia]

all you will get is a million illegals in Los Angeles who will be afraid to talk to the police about crime, give evidence, report theft, etc.

Along with that, the city will become less attractive for illegal aliens to come here in the first place, which is what started the entire problem.

Have you taken a look at the LAPD's most wanted list? When you do, keep in mind that Special Order 40 has been in effect since 1979. Although nationalities aren't given on the list, you can sort of guesstimate what percentage of those are illegals, and the number you come up with isn't likely to be very low. As the situation stands in L.A. right now, a large portion of Mexico itself, along with its criminal subculture, is occupying the city. Allowing that to happen has itself created a new underclass and brought a lot of crime. Despite Special Order 40, this underclass has grown and grown. Do we want to make this underclass a permanent fixture, and hope against hope that things just work out, or do we want to enact laws that will discourage further growth of this underclass and possibly make it shrink?

[itsahoot]

If you change that policy, all you will get is a million illegals in Los Angeles who will be afraid to talk to the police about crime, give evidence, report theft, etc.

One can always hope they will be so afraid, they will go back to their own country. Cry me a River.............

[fantom]

Yes , and Mexico will then stop emptying out their jails .

[gubamyster]

ping

[Kenny Bunk]

Classic case here of short-term-vs-long-term.

Peace officers have to keep the peace. In order to do that they make many compromises and reconcile reality with the law.

If deportation were an alternative for illegal aliens, finding out if a suspect were an illegal or not would make perfect sense. Right now there is no consequence for being an illegal, so the cops have to do the best they can.

There is no official will to enforce immigration law. You can't blame that on the LAPD. Maybe this case will help change that. Don't hold your breath.

[janetgreen]

Changing that is shooting yourself in the foot, badly.

That's not true. The fact that L.A. is a considered a "sanctuary city" is the biggest magnet imaginable, plus the fact that they know they can collect every welfare benefit possible. As it stands now, the hands of the police are tied.

L.A. needs to be cleansed of illegal aliens and gangs, badly!

[television is just wrong]

Wonderful news. Now if the police chief would enforce the laws of this country, Los Angeles will NO LONGER BE A SANCTUARY CITY!

[Extremely Extreme Extremist]

"No mas! No mas!" Dude, you've been smacked down on this thread.

[BeHoldAPaleHorse]

Probable cause is if you are Hispanic, you fit the description of ILLEGAL ALIEN

I'm Kumeyaay. Probable cause is if you are Caucasian, you fit the description of ILLEGAL ALIEN'S ANCHOR BABY.

[Old Professer]

If that argument held water, then crime would not be increasing with each wave of immigration; there would be no need for prisons at all if we just abandoned the law.

[cowboy_code]

BRAVO !
Chief 'Braggon' and Mayor Tony Villar-laraza constantly ignore the statistic that 50+ of gang members are ILLEGAL ALIENS (FBI stastics) or are another countries lawbreaking 'nationals'. DEPORT them!

The 'invisable 1000 lb gorilla sitting in the middle of the livingroom' is the Chief's and Mayor's abiding by LA's secretive.....(pisssst!) SPECIAL ORDER 40.
This order was written and voted on in the olde days of Chief D. Gates and Mayor Bradley. LA citizens has been living with this fiasco since then. And look where it got us...south american gangs. thank you. The order losely says city law enforcement cannot check citizen's status of any people they come in contact with while on duty. This order can be repealed by the present day city players, but they won't because they are pandering to the illegals.

LAPD's Special order 40
Kills the innocent !

The Mayor's Special
Order 40 = dead cops

Gangs LOVE Mayor V's
Special Order 40.

Special order 40
handcuffs the police

LA's Sp. Order 40 helps gangs