Fighting the Police as a Law Student

It was my last semester as a law student at UCLA Law School.  Late on a Monday night, I received a phone call from the Captain of one of the LAPD’s Division.  He told me he had read my legal memorandum many times, concluded that the officer pulled over the client without probable cause and then he released her vehicle, waived the impound fees, and told me he would change the station’s impound hearing policy.

When I applied to law school, in my personal statement I wrote that I wanted to attend law school to give a voice to those who otherwise do not have access to legal representation.  The Captain’s call confirmed or me that I had made the right choice to change my life course and pursue a career in law.

This case came to me because I am enrolled in a client-counseling clinic at UCLA Law School.  In these clinics, we get hands-on legal training with real life cases.

In my most recent case, I advocated for a Mexican woman whose car had been impounded for 30-days because she does not have a California driver’s license.  On the day her car was seized, she was driving to court with her two year-old child to get a restraining order.  Her ex-boyfriend and father of her children had attempted to kill all of them in a mass suicide.  With all of them in his car, he crashed it into the center divider of the freeway.  Somehow, even though the car was totaled, everyone survived.

On her way to court to get the restraining order, a Patrol Officer ran her license plate in his database and discovered that a previous owner of the car, named Nicholas, had a current arrest warrant for not showing up to traffic court.  Even though she did not commit any traffic offenses, he still stopped her.

After the Officer pulled her over, he clearly saw that the driver was a woman with a child.  He asked for her driver license.  Because she did not have one, she gave him her Mexican Identification.  He cited her for driving without a license, had her car towed, and placed a mandatory thirty-day hold on it.

The impound fees for a 30-day impound typically run close to $2,000, and often outstrip the value of the car.  If the car’s owner does not pay the impound fees, the tow yard can destroy the driver’s credit by sending it to collections.

Although I recognized that my client didn’t have a California driver’s license, she was in an exceptional situation, in which she was fearing for her life and the life of her children.   A 30-day impound was a disproportionate, unjust fit for driving without a license.  She is a single and poor mother, who would have to pay close to $2,000 or have her property sold at public auction.  With already having to support herself and her children, how would she ever pay this?

Furthermore, this was my third clinical case where I witnessed an officer violating our Right to Privacy guaranteed under the U.S. Constitution.  My second year Constitutional Criminal Procedure class taught me that an officer can only conduct a traffic stop when he has reasonable suspicion that a crime is occurring at the time of the stop.  Otherwise, the temporary seizure violates the driver’s Right to Privacy.

This stop was a constitutional violation.  There were no facts to support that the officer believed the female driver was the previous owner named Nicholas.  It was pure speculation.

Even if he could make up some facts that he had more than a hunch, he should have abandoned his investigation the moment he saw that the driver was a woman.  The name on the warrant was for a Nicholas, clearly a male name.  There was no way my female-client could have been this Nicholas.

That brings me to my next point though: the mandatory thirty-day impound policy encourages racial profiling.  I requested an internal police impound hearing for release of the vehicle.  Yet, before I argued it, I consulted with my trial advocacy clinical professor.  His advice would help me exploit the officer’s racial bias during cross-examination.

At my hearing, I began my cross-examination of the officer.  The officer gave evasive answers, so that I wouldn’t lock him down regarding his problem with having no reasonable suspicion.  Yet, as I learned from the trial professor, evasive answers lead to inconsistent statements.  Get them on record and then exploit the biases and inconsistencies.

The first inconsistency exposed the officer’s political agenda of targeting the Mexican community.  The officer said he never inquired into where the driver was going or into the urgency of her situation because he spoke no Spanish.  Yet, he said that his law enforcement experience taught him that Nicholas could be a female name.  How could one know so much about Spanish names, when one did not speak Spanish? He would use any weak justification to pull over Latino drivers.

The second inconsistency showed that the officer what he believed about Mexican sovereign documents.  In my cross-examination, I asked him , “Why he didn’t abandon his search when he saw the name on the Mexican ID?”  He said, “The LAPD didn’t accept Mexican IDs as valid per its policy.”  I asked him where that was in the LAPD Policy.  It wasn’t in the policy.  I stressed that it was an acceptable form of ID for the Federal government.  Therefore, why wasn’t it valid for him? His only justification for believing that sovereign documents from Mexico were unreliable was that it came from Mexico.

Although it was clear I should have won that hearing, the Division detective adjudicated against me, refusing to release the vehicle even though the officer did not have probable cause for the seizure in the first place.  At that point, I informed my supervising civil rights attorney.  She asked me to write a legal memorandum to address the Division’s unlawful decision. Memorandums are objective briefs that outline the facts, the law, and then describe how the two link together.

To write that memorandum, I drew from everything I learned in my first year lawyering skills class, which focused on legal writing and research.  Together we proofread it and then sent it to the Chief of the LAPD, Charlie Beck.  They wrote back that they would investigate. The next business day, I received the call from the Captain, who reversed the adjudicator’s decision. It was good to know I helped out a nice mother, but, even more satisfying, that I was able to change an unlawful policy.

My colleagues from my previous career often ask me if I had made the right decision to go to law school.  My last case as a law student showed me I did.  That was my final assignment for that class.  The lady ended up changing her phone number; I wonder if I'll ever see her again.

Last Day of School

A lot of you have followed my blog since I left New Zealand.  Hasn't time gone by fast?  Today is the last day of my law school classes.  What that means is no more formal education!  That's it.  I have nine years of post high school education.  9 years!  That doesn't include when I started pre-school at 4.  Today was the last day of class in my entire life.

Also, the final class of my formal and professional education, was anticlimatic.  No fanfare.  No food.  Nothing special.  No powerful speech about being great human beings.  It was just a regular class.  I remember the last day of class from my 1L professors more.  It was all so much more dramatic then.

A lot of my classmates are ready to be done.  If I took their charted course, I would be too.  Many of them took the same type of classes that resemble 1L year, tax, business association, etc.  You can do that.  And if you do that for three years, it'll get boring real fast.  Hence the saying, 1L they scare you.  2L they work you.  3L they bore you.

1L scared me.  2L worked me.  3L worked me more.  This has been a strange year in general.  I think I really enjoyed it though because it was entrenched in practical experience.  I served the poor and won a lot of hearings.  I did three clinical classes, where I learned depositions, opening statements, closing statement, directing witnesses, cross-examining witnesses, interviews and negotiations.  There are a lot of skill sets there.

I lectured in France.  I taught undergrads and wrote two pieces that are getting published.  I have two or three more that will hopefully be picked up for publication.  I won a number of hearings for the most prosecuted, persecuted, and invisible members of society.  I had a police policy changed in the LAPD.

So - lots done, lots of stress, lots of pain, and lots of fun.  My next post will be on my most recent police impound hearing.

All in all - the lesson are basic but have to be said

Don't stop learning.
Don't stop growing.
Don't be afraid.

The City of Demons

I wanted to see the City of Demons. Why do I keep calling it the City of Demons? For all you Bible scholars out there, do you see any word familiar in the City of Baalbek? Hint: First four letters.

The First and Second Kings describe a god called Baal, "false God." It was originally worshiped by the Phoenicians - who were also the people who did come up with the alphabet system.

From Bcharre, the road to Baalbek was closed. So, we had to make a complete loop down the mountain and come in from another road. A one hour journey turned into a five hour one.

The Phoenicians first dedicated the city to their God Baal. Then, came the Romans - who dedicated it to Zeus. Then came the Christians, who sanctified it to the Christ King. And then, the Muslims took it over, and made it a citadel when the crusaders came.

I really enjoyed exploring these ruins. I felt like a kid again in some ancient Legoland. This was the good part of not having tourists. There weren't people crawling around everywhere. It was just me and the ruins and the time to reflect on them.

It was so impressive to touch stone that was over 2,000 years old. Apparently, it took 100,000 slaves to build the place. Also, the Phoenicians apparently sacrificed people in this temple. That practice stopped when the Romans came, but temple prostitutes were always about.

The first picture shows me sitting on the alter of Jupiter. Now, it's the alter to the Ferrari god. =)

Next post: On Arab Culture Shock.

Byblos

I almost got killed in Lebanon. I was in the mountains of Lebanon when a bus driver honked his horn. I jumped left, avoiding the bus that nearly smashed me. He had plenty of room to swerve, but, no he wanted to run me over. The most dangerous thing in Lebanon has to be the traffic and not the terrorists.

Anyways, I really enjoyed my trip to Byblos. (Picture above). Lebanon was an important place in antiquity. Because it borders the Mediterranean Sea, it was often a prize for the ruling world power. Because of the sea and its regions, Lebanon was a gateway for Asia, Africa, and Europe.

So, it's no surprise that the Egyptians wanted this place. Alexander the Great did. And so did the Crusaders. But now - there are no tourists. It's like an empty ghost town by the sea. None the less, I loved exploring the Crusader Castle. I felt like a kid again.

In any event, tomorrow, I'm headed off to the City of Baalbak - the City of Demons.

Lebanon - No Tourists Here

Tripoli
I had the most amazing experience in Tripoli. Tripoli reminds me of what a Westerner would imagine the Middle East to be. Busy, hustling, bustling, noisy streets lined with people who serve Turkish coffees, baklava, and freshly squeezed blood orange juice.

One thing that disappointed me on this trip was the lack of Western tourists. Lebanon attracts people from all over the Arab nations. People from Iraq, Egypt, and Syria come here. Why? They love Lebanon because it's also an Arab nation where they can get drunk, gamble, and buy sex. And nobody judges them.

But why were all the Western tourists gone? In 2007 there was all out war in Tripoli against the Palestinians. Recently, there's been that Syria-thing. All this means - NO TOURISTS from anywhere except the Arab States.

Somehow, I found a Norwegian programmer to travel with temporarily. I also found a German, internationalist journalist for a famous newspaper. The three of us exchanged stories about the Middle East and what is happening here. The Syrians just entered the Lebanese borders. We hear stories of Arabs killing Arabs, Christians killing Arabs, Arabs killing Christians, and everyone killing everyone.

Now, let's go back to what this amazing experience was. I was in the hotel, sipping on Turkish coffee. The German had finished his shower. The Norwegian finished paying the bill. I said it was time for breakfast.

We entered a small restaurant. A Lebanese Semitic guy greeted us and said, "What do you guys want? Tell me. No one speaks English here but me." So, we told him. Nothing out of the ordinary. There was cheese and flat bread, and meat and flat bread, and cheese dumplings.

The three of us chatted. The Lebanese guy spoke with us as well. As he walked out he said, "Don't worry about the bill. I paid for it. Welcome to Lebanon." He walked out without a further word.

The three of us just looked at each other confused. I said, "That was too much." The other two agreed.

Good Morning Los Angeles / Good Night Dubai - Where am I going?

I forgot. I really did. An email came in to tell me, don't forget you're flying out tomorrow to Dubai. I spend a night there, and then I'm on my way to Lebanon.

I don't really know what to expect. I haven't even booked a place to stay in Lebanon. No good! I don't know where I'm going. What am I going to do? I don't even know what the currency is over there.

My parents both said I had lost it. What's new, right? My mom actually told me, "You better come back alive." I just told my father I was going to Dubai. I neglected to mention my trip continued into Lebanon. My roommate said I was nuts as well. So did his wife.

All in all, I think I'm entitled to a holiday. Yes, entitled. If you don't treat yourself to a good time, no one is going to feel sorry for you, maybe except yourself. And if you don't take care of yourself, who's problem is that? I've worked really hard in the last few months, with conferences, simulations, clients, cases, hearings, winning those hearings, losing some hearings, and also getting published. What does all that mean in reality? It means living at the UCLA Law library until 11pm almost everyday. It means getting up in the morning and worrying about your clients and not making mistakes and making sure you do everything in your power to serve them. A good lawyer has to shoulder the problem of his or her client. That's our duty, and that's not easy. So - all in all - it's time for a break.

It's funny though, when I tell people I have a stressful life, people look at me with bewilderment. I often get the comment, "Didn't you just go to Germany?" "Didn't you just take a road trip to Santa Barbara? Weren't you wine tasting there?" "Didn't you just come back from France?" Ok, yes to all those things. But no one sees how hard I work, except for those neurotic law students who seem to have tabs on who stays the longest in the library.

So - what is the lesson from all this? It's really just this. When you work - do something you love to do. Do something that brings some kind of meaning in your life. When I wake up - I believe that I'm in this world for some other purpose than to survive. I have to believe that the work I do makes someone's life better. Thus, when I work endless hours or even having crushing losses, I know this: It was worth it, and I did my best. The ultimate result is that I don't appear tired or worn out to other people. In fact, for some reason - people think I have an enjoyable life.

On Getting Published

I recently had two pieces picked up by law reviews. One is a criminal piece. The other is a trade law piece. Here's what I wish I knew before I had taken this journey.

I come from the Gen-Y group who has this burning desire to make their mark. Because being a Hollywood actor or a GQ model wasn't in my line of sight, I had to chose writing as a way to do it. Even as a college student, I remember asking my English professors if it was hard to get published. They looked at me like I was dumb for asking. They had that look that expressed, of course it is sonny-boy. You think you can be like a hot shot like one of us. They were always a bunch of elitists anyways.

Is it that hard to get published?

Yes, and no. It's like riding a bicycle - I think. It's hard at first to get published, but after your first one, you know what you need to do. I think it may be easier now to get published because of the internet. But in some ways, it's also harder.

The internet has allowed you to get your work out to more people, more quickly. But, now publishers have more pieces to pick from. In other words, competition has gone up.

In short, it's not that hard, but it is a lot of hard work.

How do you get published?

Journals and publishers are not people. Corporations are not people. Companies are not people. Neither are universities. But people run all these organizations. You're going to have to convince a person or people that your piece is worthwhile.

Doing that, is liking getting a job. There are multiple barriers and multiple perspectives. Like a cover letter and a resume, you only have a few seconds to catch the attention of the reviewer.

Same thing with publishing. You have to have a good cover letter, good title, and good intro to move past the first review. If you get passed those checkpoints, then you have to have a good conclusion. Reviewers will jump next to the conclusion. Then that reviewer may read the whole piece. If s/he finds it interesting, then it goes to other people. So you see, there are a lot of barriers.

How do you make things interesting?

Marketing is a must, but it comes second. What comes first is your interest and your passion. It's hard enough to devote time, energy, and resources to any piece. Therefore, you might as well pick something you're going to enjoy - or otherwise the consequences of burning out are likely to result. Second, you have to market.

How do you make things marketable?

Having substance is a good start. To determine if it does, send it to some people who are experts in the field. Have them comment on it, you'll soon find out what needs to happen.

Remember, my comment about hard work. This is where it is hard work. With feedback you have to revise and revise. After the revisions, then you work towards making it marketable.

I do this by looking to have a catchy introduction and title. For instance, one of my pieces looks at the nature of sexual abuse against male juveniles in detention centers. The other piece explores how the WTO's Trade Law could punish the Chinese for their Child Labor Violations. My last piece looks at how the butterfly effect operates in the laws of war. Did you know that Middle Eastern terrorism responses could trigger nuclear warfare in East Asia?

You see the point. Be interesting.

How do you get into a top journal?

Sadly, at this point I don't know. But, I'll let you know if a top journal picks up my work.

What's your next piece?

I've already been getting a lot of damnation for my next piece. It's controversial, no doubt. But, I'd like to write on how the enactment of the early Nazi Nuremberg Laws parallel Californian police misconduct practices against undocumented workers. My working title is "THE EMERGENCE OF FASCISM DUE PROCESS IN CALIFORNIAN LAW ENFORCEMENT."

That's all I got for now.

PC