Encouraging?

“We’re looking into reviving the idea of a sobering center in I.V.,” Farr said.

This is a quote of Santa Barbara County Supervisor Doreen Farr that appeared in the Daily Nexus today. I am glad the idea is not completely dead, but I'm not sure that this isn't simply more lip-service favoring the concept intended to passify those of us who feel very strongly that a sobering center is an absolute must. We don't need to watch another few hundred people in IV be deprived of their civil liberties this Fall; not to mention, as the article makes clear, take IV Foot Patrol officers out of service (of IV that is) for the couple of hours that it takes to process a single needless Public Intoxication arrest. Clearly they have better things to do with their time. A sobering center could save the officers thousands of hours in a year in terms of shortening the time it takes to take someone, who is not being a pain in the neck, off the street to a place of safety. It would also save the jail, the court, the d.a., and (yes) me, lots of work. And of great interest to the students and parents of SBCC and UCSB, it would help ensure that the people who are investing big bucks (and lots of time) getting their degrees wouldn't graduate with the sandbag of a criminal conviction (or a record of a booking, for that matter).

As I've written, repeatedly, Penal Code section 647(g) makes a "civil commitment", when feasible, State policy.

Like it or not, more than 90% of UC and SBCC students will drink to excess at least once (if not weekly) during their academic career. This is a societal problem that will take more than punitive tactics by local law enforcement to solve. Criminalizing our most promising societal contributors for socially acceptable (if not appropriate) conduct makes no sense and is arguably against State policy. A sobering center is a viable and practical solution to the public safety, fiscal and civil liberties questions this societal problem raises. It's time for more than lip-service.

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

Fall in Isla Vista - Arrest Season

Yes, it's that time of year again: Isla Vista Arrest Season. While the rest of the Northern Hemisphere may look forward to cooler temperatures, shorter afternoons, football games, and raking leaves, Isla Vista can expect an increase in arrests as the Foot Patrol is now out in force issuing citations for MIP, Drunk In Public, Open Containers, Furnishing Alcohol to Minors, and myriad other disorderly conduct law violations; and the UCSB students haven't even returned from Summer Vacation yet. Responsive to the up-tick in arrests, I am introducing a new website http://www.ivlawyer.com/ This site, although new and still developing, is intended to provide answers to frequently asked questions (FAQ's) by those arrested and cited for the above law violations, and to provide an easy means to contact me (24/7) concerning such problems. It might even prevent an arrest or two by passing on some insights on arrest avoidance; although with the numbers of police now patrolling I.V. with newly printed citebooks, and an ever-present mandate by the local community and the University to "get tough" on rowdy behavior in I.V., don't count on it.