Rights of Arrested Persons Violated by LAPD, Court Rules

A state appeal court ruled Wednesday that the Los Angeles Police Department has violated the civil rights of arrested persons by delaying their arraignments and by holding them in jails where they are deprived of certain basic needs.

The 47-page opinion, which could have substantial impact on Los Angeles’ criminal justice system, stemmed from a 1977 lawsuit brought by the American Civil Liberties Union on behalf of an indigent who, before his arraignment, had been imprisoned longer than two days. Under state law, arrested persons must be brought before a magistrate “without unnecessary delay,” a time period that is not to exceed two days, excluding Saturdays and Sundays.

The 2-1 decision, written by Justice David M. Rothman and joined by Justice Eugene McClosky, basically upholds a 1983 Superior Court ruling that found that the LAPD erred when it interpreted state law to mean “48 hours” instead of two days and when it, among other things, prohibited families from visiting prisoners held in city jails.

By holding detainees under the “48-hour” interpretation, the LAPD, in effect, has been extending the pre-arraignment period in many cases into a third day. Someone arrested after the 5 p.m. close of a business day on Monday, for instance, could remain in jail until Thursday before arraignment, under the LAPD formula.

Deputy City Atty. Bryon Boeckman said forcing police to slash the time “puts a tremendous logistical burden on the entire system.” Boeckman argued that the city needs the additional time to properly investigate the cases. The Court of Appeal ruling, he said, could cost the city “millions” in increased personnel and other changes.

“How many millions, I wouldn’t hazard a guess . . . but certainly more than one or two,” he said. “From the standpoint of the city, this is very difficult. . . . We’re talking about cases that need investigation . . . trying to pull that all together (faster) is going to make it very cost-intensive.”

3rd Judge Disagrees

Justice Ronald George, disagreeing with his two second appellate district colleagues, contended that while improvements in the way arrestees are treated may be “socially desirable,” the changes should be made by the Legislature.

ACLU attorney John Hagar said in a “great majority of cases” the Los Angeles police routinely take three days to prepare a case for arraignment, a court procedure in which a Municipal Court judge determines whether there is sufficient ground for the arrest, and in which the defendant is formally charged.

Typically, police use the time between arrest and arraignment to interview witnesses and victims and to confer with the district attorney’s office on the evidence.

“From our perspective, (Police Chief) Daryl Gates is going to need more help,” Hagar said. “This is clearly going to increase the burden on the district attorney and police.”

But the ruling, he said, is “very significant,” in terms of restoring the rights of those in custody. “It should lead to dramatic improvements and speed-ups to their procedures. . . . Right now, you’ve got people sitting in jail when they shouldn’t be,” Hagar said.

On the condition of the city jails--at Parker Center and in Van Nuys--the justices said the LAPD was wrong in denying inmates, among things, daily visits from their families, reading materials, recreation such as board games, daily showers and shaves and access to basic sanitary materials, such as a toothbrush and toothpaste.

“They said the jails simply don’t meet constitutional standards,” Hagar said.