Mark your calendar, Isla Vistans!

This year the UCSB Associated Students' Legal Resource Center will host its annual workshop at Embarcadero Hall for those interested in learning how to have a fun, yet safe and arrest free Halloween celebration in Isla Vista this year. The event will take place on October 28, 2008, at 7 p.m. Last year myself and Santa Barbara County Deputy Sheriff Miles Davies shared the stage where we voiced our surprisingly similar persectives on this subject matter with a bright and inquistive audience of prospective Halloween revelers. Also in attendance were attorneys Robin Unander and David Andreasen of UCSB's Legal Resource Center. I heard that not a single one of the attendees got arrested last Halloween; thanks to us. Actually, I have no idea if that's true...

This year the event will include a Halloween costume contest. Prizes will be awarded to the best and scariest costumes as well as to the costume most likely to get you arrested. And, every legitimate contest entrant will receive a gift from the ivlawyer.com store! So, don't miss this great opportunity to show off your costume in a well lit environment of, mostly, sober people.

It promises to be the best annual workshop yet. See you there!

Arrests and Citations in Isla Vista so far...

While the Halloween festivites continue, there is a growing toll of both citations and arrests in the community of Isla Vista.

See MSNBC's article reported as a top story by KSBY News, entitled
"Thousands fill Isla Vista to celebrate Halloween weekend; hundreds arrested"
for numbers on those in attendance and those with legal trouble.

So far, not so scary...

Compared with years past, this Halloween on Del Playa is somewhat subdued, so far, according to the Indy and other sources. Apparently, 90 people were arrested and 150 citations were issued on Friday. Thankfully, there have been no major injuries reported. The celebrations will likely continue, but as the Indy points out, last night was probably the climax of the several day event, drawing as many as 20,000 people to the streets. Wednesday night shouldn't see as many arrests nor cites. Again, be safe.

Foot Patrol's Favorite Halloween Talking Point

I sincerely hope that the ongoing Halloween festivities are moving along safely and enjoyably for the celebrants and the 160+ law enforcement officers in attendance. If you're like me, you have heard the Foot Patrol say the following over and over again (for years, actually): It's not the local residents that we are concerned about, it is the out-of-towners that cause the majority of the problems. Uh, okay, then are we to expect that the 160+ officers will be arresting and handing out citations only (or even mostly) to visitors? Doubtful. If this year is anything like years past, the majority of arrests and citations will involve the local college-aged population (mostly SBCC and UCSB students). Without a doubt there will be some visitors cited and arrested, but they will be in the minority; as there are far fewer of them AND, not all of them are monsters (although I'm sure some will be wearing monster costumes). Many are friends, relatives, girlfriends, and boyfriends of locals; not criminals. Well, at least, not until they have been dealt with by the Foot Patrol. After all, we are all no more than a court date away from being rendered a criminal; no one is immune... Especially not the locals.

Be sure to read my last post (immediately below) for tips on how to avoid problems with the police. Also, visit my website at http://www.ivlawyer.com/ for more relevant information.

Again, be safe.

P.S. Another talking point heard less often, but which is similarly designed to communicate to the locals (for public relations purposes) that they are not going to be treated unfairly by the police for engaging in myriad fairly ordinary college activities (read: drinking alcohol), is that "90 % of it will be citations" (implying no jail, no crime, no big deal). It is important to point out that more than 50 % of the 90 % may cause the person cited significant penalties with longterm negative effects (e.g., year-long drivers license suspensions).

Have a safe Halloween on Del Playa!

I want to thank the Associated Students of UCSB (and attorneys Robin Unander and David Andreasen) for inviting me to speak at their not-so-annual workshop to educate UCSB students on their rights at Embarcadero Hall on Wednesday Evening. It was a nice opportunity to speak to one or more of my future clients, directly or indirectly, like now. And, no, that's not to imply that the people that showed up are criminals. Actually, they were a very gracious, intelligent, and inquisitive group of young people. I also want to thank Deputy Sheriff Miles Davies for joining me on stage and providing very candid answers to questions, and generally good information, which was not overly infected with law enforcement (or other) propaganda. It was remarkable that we agreed about nearly everything. For those of you who couldn't be there, I will jog through the main points that were made in favor of a safe (and hopefully for you) arrest free Halloween celebration:

1. Don't do anything illegal.

2. Don't drink if you are under 21 (if you must, do it out of view of police, and in a private place).

3. Don't drink to excess.

4. Don't walk around in the street with alcohol, or any container for alcohol.

5. If you throw a party, restrict access (consider carding at door and using bracelets).

6. If the police come to your door to, perhaps, issue a noise violation ticket, meet them at the front door, step outside, and close the door behind you.

7. Do not consent to a search of your person, vehicle, house, dorm room, apartment, bag, purse, backpack, wallet, etc.

8. Do identify yourself correctly if you are under arrest or detained.

9. If you don't know if you are under arrest or detained, just ask. (Good suggestion, Miles!)

10. If you believe the police are violating your, or someone else's rights, don't throw a fit. In fact, better to keep it to yourself, and take good mental notes of the badge number(s), and other particulars. Wait until it gets to court before you make your argument. Doing otherwise will worsen whatever trouble you are in, or get you in trouble even if you have done nothing else wrong.

11. If you are arrested, remain silent after you have supplied correct information concerning your identity. If you are not driving a motor vehicle, it need not be done with a license or other document. It is seldom, if ever, a good idea to explain anything to the police, or plead with them to let you go, or anything else you might want to say at that point. Wait until it gets to court, and until after you have talked it through with a lawyer. Don't make any deals with the police. Specifically, don't give them a statement in return for a promise to not take you to jail, or to put in a good word with "the judge", or to "drop charges". These are sometimes outright lies and are, at best, half-truths. If you end up going to jail on that occasion because you didn't make a statement; that, relative to other potential outcomes, is a good one. What you might not know is how quickly you will be released. If you aren't intoxicated and, therefore, housed in order to sober up, you will be given access to a telephone where you can contact me, a bail bondsman and/or a friend, who can usually help you bail out in a number of hours (depending on the seriousness of the charges, and some other factors). So, as unpleasant as it is to go to jail, don't think of it as the final stage of the controversy where it will be decided once and for all that you are guilty as charged; it is often just the beginning of a long chain of events where, we can hope, ultimately, justice will be done. Don't make it harder to achieve a just result on your case by giving in to trickery and deceit (which, by the way, are lawful law enforcement tactics).

12. If you have any questions about the above, call me at 805-892-4922, or you may email to sbcrimlawyer@gmail.com. Also, visit my website devoted to the Isla Vista population of potential arrestees at http://www.ivlawyer.com/

Have a safe and enjoyable Halloween! And here's a Halloween greeting from Erik Raney of the Santa Barbara Sheriff's Office:

“We have a zero-tolerance enforcement posture for all crimes alcohol-related, party-related - anything that you can think of,” Raney said. “Drunk in public, open containers, minors in possession of alcohol, indecent exposure and loud music ordinances [are] all zero tolerance.” See the complete article at:

http://www.dailynexus.com/article.php?a=14889

The Art of Penalizing Isla Vista Parties

The Santa Barbara County Board of Supervisors are, at the moment, being urged to expand an existing Santa Barbara County Code ordinance which already makes most any party in Isla Vista a public nuisance. You can view the proposed changes at: http://bos-agenda.sbcgov.net/attachments/8489.pdf The expansions are being pushed through quickly - and quietly - and just in time for this year's Halloween festivities. According to the existing public nuisance ordinance, any collection of three or more of some 20 state and local law violations in any one gathering constitutes a public nuisance misdemeanor. Being added to that list are the offenses of public nudity, unlawful fires, urinating in public, and furnishing alcohol to a minor. Under this proposal, a single act of furnishing alcohol to a minor at a gathering renders the gathering a public nuisance. Under existing law, "rough body contact", "slamming" and launching one's self from a stage are single acts which give a police officr a basis to declare a gathering a public nuisance and thereby subject anyone lingering around after the order of disbursement to a citation and a fine; if not more severe penalties should their conduct rise to what the police would consider resisting, obstructing, or delaying a police officer in the discharge of his duties. All of the changes will be considered, and most likely made law in their entirety just in time for Halloween; 30 days forward from the date of enactment. While the proposed amendments have been, reportedly, vetted through a working group that consists of affected County Departments (District Attorney, Sheriff’s Department, Public Works, Counsel, County Executive Office and Third District), other agencies (City of Goleta, Santa Barbara City College) and representatives from the University of California Santa Barbara, it is noteworthy that neither Isla Vista residents, nor the affected student populations have been asked to join the discussion. Arguably, First Amendment rights to peaceable assembly, free speech, freedom are being further eroded by these proposed changes. Are the Isla Vista Foot Patrol really in need of more potent tools to bust up and criminalize the party-goers? Each year they arrest roughly 1,000 people over the Halloween period. The only good news for party-goers and throwers is that Isla Vista "outdoor festivals" (largely affecting outdoor bands) are to be de-criminalized under this proposal, but are still going to be subject to civil assessments (fines). Tuesday, August 28, 2007, is your opportunity to let the Board know how you feel about this new raft of laws affecting your freedom...but you'll have to drive to Santa Maria to be heard. See the Board's 8/28/2007 Meeting Agenda for further information.