The New York Times has published this report on DUI checkpoints that sheds light on the ever increasing cash machine that cities have discovered by seizing the vehicles of undocumented immigrants, a seizure of property that may be unconstitutional and asks the question: Police Checkpoints: Safety or Profit?  The article sheds light on the fact that many cash strapped cities have used sobriety checkpoints as a cash machine.

The sobriety checkpoints usually net very few drunk drivers but ensnare many unlicensed drivers, a good portion of them are also undocumented immigrants. Under current laws an unlicensed drivers vehicle is subject to a mandatory 30 day impound, this is in contrast to a licensed driver who is driving under the influence of alcohol, they can pick up their cars the very next day. Latino Advocacy groups have long accused cities and police authorities of taking advantage of broken immigration laws that currently prevent undocumented immigrants from lawfully securing drivers licenses.  California Senator Gil Cedillo states, “…Cities are exploiting a broken immigration system, exploiting broken state laws, taking advantage and exploiting the most vulnerable members of our society.”  He adds. “Impounding the vehicles of unlicensed motorists in California is illegal and unconstitutional.” PBS weighed in with this report

QUESTIONS REMAIN:

Are vehicle seizures fair?  That question remains and while public opinion may fall both in favor and against vehicle seizures later the United States Court of Appeals for the Ninth Circuit hear a challenge on constitutionality of California’s 30-day impound law.

Stay tuned.