Judge Calls Halt to Skid Row Searches

A federal judge issued a preliminary injunction against the city of Los Angeles on Monday, barring police from searching skid row residents without reasonable suspicion that they have violated parole.

U.S. District Judge Nora Manella said the plaintiffs, represented by the American Civil Liberties Union, had demonstrated the need for an injunction, “not because they demonstrated that the LAPD was intentionally out to violate rights,” but because rights “have been repeatedly violated.”

Manella decreed that police must have a “reasonable suspicion” that individuals are in violation of probation or parole before searching them or their residences. The case followed sweeps by the Los Angeles Police Department of downtown’s skid row, during which more than 100 parole violators were taken into custody and dozens of homeless people were issued citations.

“I see no particular harm ... a preliminary injunction will cause,” Manella said. “The LAPD remains free to engage in casual encounters with residents of skid row and elsewhere.”

The ACLU filed a dozen statements from skid row residents who said they had either experienced or witnessed unconstitutional stops and searches. In some cases, those searched were not on parole and had no previous convictions, said plaintiffs’ attorney Carol Sobel.

The defense, headed by Assistant City Atty. Paul Paquette, asserted that many of those arrested had long criminal histories and outstanding warrants, although those warrants were not provided to the judge.

LAPD Capt. Charlie Beck called the ruling fair and in line with current policy. “The reality is, the preliminary injunction advises us to adhere to rules we already adhere to,” he said.