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Police Photos Undermine Our Individual Liberties

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Becky Esparza is a member of the Orange County Human Relations Commission

In Fullerton, a group of white supremacist youths were arrested and convicted for a hate-related beating of an Asian boy. They were identified through a photo lineup. Their photos were part of a photo file taken by Placentia police, who saw them in a park earlier that evening and were suspicious of them as a “skinhead gang.”

The Fullerton Police Department might have been unable to identify these young men based only on a written description. Had these photos not been available, these white supremacist skinheads might still be free. So, once again justice was served.

Or was it?

I have a 14-year-old grandson who became a Los Angeles Raiders fan. He has Raiders jackets, shirts, hats, sweats and shoes. He loves people, he’s outgoing and friendly to all around him. Occasionally he will stop and talk to his friends on his way home from school or at the park and, which is often the case, he will be wearing one of his many Raiders ensembles.

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My question is: Should my grandson, who is Latino and wearing Raiders attire while associating with his friends, be subjected to a photo session, courtesy of law enforcement?

I have been a commissioner with the Orange County Human Relations Commission for 10 years. During this time, I have established a working relationship with law enforcement agencies in Orange County and have assisted in the creation of training videos for police agencies, symposiums for police chiefs and presenting conferences on hate crimes for law enforcement and community organizations.

I believe that through my association with law enforcement, I have become sensitive to the day-to-day issues that confront police officers. I, like the rest of our community and our police departments, am extremely concerned about the ever-increasing gang situation. The violence, drugs and death that result from these gang activities threaten us all.

There are organizations and agencies, both public and private, that spend much time and money to alleviate and eliminate the causes of gang activity.

But the gangs do not only exist, they sometimes seem to flourish.

We are right to be concerned. Each and every one of us should continue to support and assist our law enforcement agencies in their fight to eliminate gangs.

However, in our determination to eliminate gangs, do we also wish to eliminate some of our basic rights?

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I for one do not wish to have my grandson become part of a photo lineup solely based on his ethnicity and manner of dress. This photo lineup inclusion would continually expose him as a possible gang member to both police agencies and possible witnesses or victims of crime. This continued exposure would ensure the perception that since he is part of the lineup, he “must” be a gang member.

And, so, with this method of categorizing of alleged gang members, my grandson or yours is now in the files.

This problem was in the news again recently in a story about 15 separate complaints filed against police in Fountain Valley by Asian-American youths. They contend that officers wrongly accused them of being gang members and took their pictures without consent for inclusion in police “mug” files.

I would suggest and encourage law enforcement to seek other more positive alternatives, such as DARE programs; community meetings to educate parents; churches; Neighborhood Watch programs; public and private organizations; and youth clubs and organizations in their anti-gang efforts.

These are positive programs that have encouraged active participation by communities. By continuing and expanding these programs, together we can all strive for the same goal. In this way perhaps we can have one less concern about our children.

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