The Escondido Police Department has agreed to end its oft-criticized driver's license-only checkpoints to avoid a legal challenge from civil rights groups, Police Chief Jim Maher said this week.
The checkpoints, which used to be held primarily to determine whether drivers were properly licensed, will now include other inspections, such as whether the vehicle is properly registered and whether occupants are wearing seat belts, Maher said.
The checkpoints also have a new name: Rather than calling them driver's license checkpoints, they are now called traffic safety checkpoints to emphasize their broader purpose, the chief said.
The change was made earlier this year after discussions among Maher, the city manager and city attorney in response to legal questions raised by civil rights groups, including the American Civil Liberties Union in San Diego and the North County-based El Grupo.
Some Latino activists have been critical of the checkpoints, saying they disproportionately affect their community. The reason is that illegal immigrants, many of whom are Latinos, are barred by state law from having driver's licenses.
On the other hand, supporters say the checkpoints have nothing to do with race or ethnicity. They say unlicensed drivers should obey the law and not drive.
In December, the ACLU and El Grupo sent a letter to the city arguing that the driver's license-only checkpoints violated a state law that prohibits police officers from stopping drivers simply to check their license.
Maher said he and City Attorney Jeff Epp maintain that the checkpoints were conducted in a legal manner. Epp wrote in a letter to the ACLU and El Grupo that the law the two groups were citing referred to officers on routine patrol, not checkpoints.
However, the chief and Epp agreed to modify the operations to address the concerns made by the groups.
"Rather than argue with them, we will ask for more than just driver's licenses," the chief said.
Escondido Councilwoman Olga Diaz, who has asked the state attorney general to weigh in on whether the checkpoints are legal, said she would still like the City Council to discuss the department's checkpoint policy. She said she was frustrated there was no public discussion about the issue.
"There was no dialogue, the change just took place," Diaz said.
Councilman Sam Abed, who supports the checkpoints, said there is no need for the council to discuss the policy because those are decisions that need to be made by the police chief. He said he learned of the changes to the checkpoints through an e-mail sent by the city manager to the council.
"I believe it's the chief's call," Abed said. "I don't think that the council should be concerned. That is what we ask the chief to do. He is the expert."
Over the past three years, the department held an average of more than one driver's license checkpoint a month. The department has continued to hold sobriety checkpoints that include driver's license checks, but not the driver's license-only stops, which ended in December, Maher said. Sobriety checkpoints are funded through federal grants doled out by the state, which requires that they be conducted at night.
Driver's license-only checkpoints are conducted using the department's own resources and are typically held during the day.
Under the modified policy, officers will be instructed to check a range of documents, such as registration and insurance, Maher said. They also will check common traffic safety problems, including seat belt use, child safety seats and broken taillights.
David Blair-Loy, legal director for the ACLU in San Diego, said there was no way to judge whether the changes would make the checkpoints legal without seeing how they are implemented.
"We'll have to see how they work out in practice," Blair-Loy said.
Police have scheduled at least two traffic safety checkpoints this year, but both were canceled at the last minute. One scheduled for March 9 was postponed because that was the day after the discovery of the remains of Amber Dubois, the murdered Escondido teen.
Another checkpoint was scheduled for March 30, but Maher said the operation was canceled because of an officer-involved shooting that occurred earlier in the day.
Maher said he doesn't plan to stop holding the checkpoints because there are too many people driving on city streets without licenses.
"We're going to quit as soon as it becomes inefficient, and we catch one or two unlicensed drivers," Maher said. "We're catching 30 to 40 unlicensed drivers. That number is too high."
Call staff writer Edward Sifuentes at 760-740-3511.
