Sunday, May 06, 2007

The Myth of Special Order 40?

After my April 6 VDARE column, “LAPD: ‘We Don’t Get Into’ Immigration Status Of Christmas Story Director’s Killer” appeared, I received the following letter from an L.A. reader who goes by “Smitty.”

The Myth of Special Order 40

Actually Special Order 40 wasn’t created to protect illegal immigrant criminals or criminals who happen to be illegal immigrants but only illegal immigrants who weren’t committing any other crimes other than “Ilegal Entry”. All those aliens arrested for serious misdemeanors, multiple misdemeanors and felonies are supposed to be identified and turned over the INS.

Special Order 40 was never intended to protect criminals who also happened to be illegal immigrants, Special Order 40 is being currently ignored because our Mayor is a Mexican American and former immigrant gang-member, Mayor Villaraigosa even had “gang tattoos” at one time and no doubt had a criminal record (now sealed by our Mexican dominated criminal & molester friendly legislature) -before he became a commie teacher’s union lobbyist, legislator and finally Mayor of LA.

Read the text and original order signed by Chief Gates here

Special Order 40 specifically states:

1. “Officers shall not initiate police action with the objective of discovering the alien status of a PERSON. Officers shall not arrest nor book persons for violation of Title 8, section 1325 of the United States Immigration code. (illegal Entry)”

2. Alien Arrest Information-Notification. When an undocumented alien is booked for multiple misdemeanor offenses, a high grade misdemeanor or a felony offense, or has been previously arrested for a similar offense, the arresting officer shall:

• Telephonically notify the Headquarters Section Desk Officer, Detective Headquarters Division of the arrest, the arrestee’s name, booking number, charge and location booked.

• Mark the arrest face sheet “Undocumented Alien.

3. Detective Headquarters Division, Headquarters Section-Responsibilities. The Headquarters Section Desk Officer, Detective Headquarters Division, upon notification that an undocumented alien has been arrested for multiple misdemeanor offenses, a high grade misdemeanor or a felony offense, or as been arrested for the same offense a second time, shall:

• Record the information provided in the DHD Undocumented Alien Log.

Notify the United States Immigration and Naturalization Service via teletype of the arrest of the individual.

• Forward daily all Arrest Reports marked “Undocumented Alien” to the United States Immigration and Naturalization Service.

4. Area / Division Records Unit-Responsibility. Area/division records clerks shall forward one copy of each Arrest Report marked “Undocumented Alien” to Detective Headquarters Division.

So please don’t propagate the myth of Special Order 40, there’s no legal justification for LAPD’s current policies regarding illegal alien criminals.

FYI The Myth of Special Order 40 'gross vehicular manslaughter' is a felony under CA law
(a) Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.

(c) (1) Except as provided in subdivision

(d), gross vehicular manslaughter while intoxicated in violation of subdivision (a) is punishable by imprisonment in the state prison for 4, 6, or 10 years.

My response follows.

Dear Smitty,

Thanks very much for writing, and for sending along the materials and links regarding S.O. 40.

And yet, while thanks to you I know much more about S.O. 40 than I previously did, I fail to see how I am propagating “the myth of Special Order 40.”

Your position appears to be, “If only the LAPD had properly enforced S.O. 40, we wouldn’t be in this predicament.” But the regulation sowed the seeds of its own destruction. By prohibiting officers from inquiring into apparent foreign nationals’ immigration status, it encouraged illegals to flock to L.A. And the more illegals concentrated in the city, the more pressure they and their American citizen allies were bound to bring to bear upon the LAPD not to even follow S.O. 40.


Nicholas Stix

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