San Diego Criminal Lawyers Blog
A couple in San Diego, Carlos Nieblas-Ortiz and Martha Valenzuela-Luna, were reportedly stopped by two deputies in Mission Valley for a cracked windshield. They had their two children with them, one of whom is currently a DACA recipient. Once they were stopped, they were turned over to federal immigration officials. Nieblas-Ortiz said deputies never asked them for their immigration status, and did not issue a citation, but they were prevented from leaving. Instead, deputies called U.S. Border Patrol, and the family was forced to wait over an hour. Nieblas-Ortiz was released on bail, but he has told Telemundo 20 he is still not sure about whether they will be deported.
Mr. Ortiz’s attorney states that his client had presented his license and was not issued a ticket. Instead, officers called immigration officials on them without informing them what was happening.
This incident has sparked some questions regarding police protocol. On January 25, 2017, Donald Trump issued an executive order authorizing local law enforcement agencies to deport undocumented immigrants who have criminal records. Many living in San Diego County feared that local law enforcement officers would be called to enforce federal immigration law even though San Diego County Sheriff’s Department (SDPO) has already stated they will not be stopping and arresting people based on immigration status.
The SDPO claims that in this case, deputies saw the low-riding truck in Mission Bay, a familiar spot for traffickers to unload drugs that will then get picked up by other cars, so this was a narcotics and therefore, a criminal case.
Do You Have to Provide ID? How Long can You be Detained?
Immigration and criminal law interactions are getting more heated and confusing than ever. Being in the country without documentation is currently not a criminal act that California police departments are actively enforcing. Police may not arrest someone soley for refusing to show ID, as long as the request for ID is not reasonably related to the scope of the stop. However, what is “reasonably related” has never been clearly defined. For example, if you were pulled over for a traffic violation, then police have the right to ask for your ID since your right to drive is related to having a driver’s license/ID.
How long police can detain someone without formal charges has also not been clearly defined. The litmus test is typically “as long as it reasonably takes to conduct the investigation.” However, police will argue that an hour’s wait for immigration officials is reasonable, as they cannot control the wait time. Continue reading