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Los Angeles Times
Los Angeles Times
National
Ben Poston, Maya Lau and Joel Rubin

LA County watchdog blasts sheriff's unit that stopped innocent Latino drivers

LOS ANGELES _ Los Angeles County's inspector general said Thursday that a Sheriff's Department team that pulled over thousands of innocent Latino motorists on the 5 Freeway in search of drugs violated the constitutional rights of drivers and he questioned the reason for the unit's existence.

In a damning verbal report to the department's civilian oversight panel, Max Huntsman said "the initial premise of this drug enforcement team was flawed" and that the unit has lacked adequate supervision.

Sheriff's officials failed to take heed of several federal court rulings that found the deputies on the team violated the rights of motorists by detaining them longer than was reasonable, he said.

"The system is inherently built to violate the constitutional rights of a vast number of people passing through the I-5 Freeway," Huntsman said. "That's a problem."

Huntsman began his investigation of the team after a Los Angeles Times analysis last month found that 69 percent of drivers stopped by the deputies were Latino and that two-thirds of them had their vehicles searched _ a rate far higher than motorists of other racial and ethnic groups. Cars belonging to all other drivers were searched less than half the time, according to the newspaper's analysis of Sheriff's Department stop data.

Deputies found drugs or other illegal items in the vehicles of Latino motorists at a rate that was not significantly higher than that of black or white drivers, the Times found.

Some Latino drivers pulled over by the team have said they believe they were the victims of racial profiling.

Huntsman said his staff recently conducted ride-alongs with the team's deputies and saw no signs they were using race or other biased factors when deciding whom to stop or search. Huntsman is still gathering data on the team's traffic stops that he plans to analyze for evidence of racial disparities.

But Huntsman, who is in the early stages of his investigation, said some facts had already become clear. He noted only a small fraction of the more than 9,000 people who were stopped by the team faced criminal charges, adding that some portion of those drivers were "subjected to unlawful detentions."

"That's the obvious and inevitable result of a process where you have deputies who simply stop people on a pretext and then try to develop probable cause" to search for drugs, he told members of the Sheriff Civilian Oversight Commission.

Huntsman said the problems echo those in recent years in the Antelope Valley, where the U.S. Department of Justice found that sheriff's deputies were making racially biased traffic stops and improperly detaining drivers in police vehicles. The department reached a legal settlement with federal officials in 2013 that called for significant reforms and outside oversight.

The inspector general cited the federal findings, which blamed "tolerance for misconduct" on a lack of supervision and accountability within the department.

"That's exactly what was happening in this case here," Huntsman said.

The parallels to Antelope Valley, Huntsman said, highlighted the need for auditors in the Sheriff's Department to analyze data on the highway team's traffic stops. He also called on sheriff's officials to examine the team's policies and procedures and explain why video cameras in the team's vehicles have been shut off.

The highway team was launched in 2012 as a response to a spate of drug overdoses in the Santa Clarita area, department officials said. Similar units operate around the country as part of a federal program designed to use local and federal law enforcement agencies to combat drug trafficking.

Though the deputies are looking for any criminal, nearly all of the arrests are for drug-related crimes. The 5 Freeway, they say, is a pipeline for cartels to move drugs up the West Coast and return to Mexico with cash from drug sales as well as weapons purchased in the United States.

The team has made more than 1,000 arrests and seized 600 pounds of cocaine and more than a ton of methamphetamine since it was formed. But Huntsman said without knowing how much total supply is moving through the 5 Freeway corridor, it's difficult to say if those efforts have made a measurable dent in the drugs flowing in from Mexico.

"Without an evidence-based analysis you can have no confidence that this approach is going to be effective in reducing the actual amount of drugs available for people to use," he said.

After the Times shared the findings of its analysis with the department earlier this year, sheriff's officials declined to address the racial disparities but denied that deputies use race as a factor when making stops. Instead, they said, deputies pull over people for traffic violations or other infractions and then look for suspicious behavior or other signs from drivers and passengers that contraband may be hidden in the vehicle.

The Times analyzed traffic stops the CHP made in its Newhall patrol area, which includes the section of the 5 Freeway where the sheriff's team makes stops as well as other freeways and roads in the area. It found that in 37 percent of the traffic stops made by CHP officers, the driver was Latino. Racial profiling experts who reviewed the Times' findings said the CHP stops from the wider area provide a meaningful comparison and strongly suggest the Sheriff's Department team is targeting Latinos.

Nearly a dozen of the sheriff's team's drug trafficking arrests referred to federal prosecutors have been dismissed in court, or roughly one-third of defendants who faced stiff federal penalties, according to Huntsman's calculation.

"When something is resulting in a third of your cases getting kicked, that should be a red flag, a siren blaring in your ears," he said.

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