Resource: Rodriguez v. CHP

By:

February 27, 2003

ACLU Northern California

On June 6, 1998 Curtis Rodriguez, a Latino attorney from San Jose, observed five traffic stops and at least ten CHP and BNE vehicles within 10 miles. Everyone stopped was Latino. Rodriguez and his passenger, Arturo Hernandez began taking pictures of the stops. Finally Rodriguez himself was pulled over by CHP, despite his efforts at obeying all traffic laws. The officer told Rodriguez he had pulled him over because his car touched the line and had turned his headlights on. "The officer told me he was going to search the car for weapons," said Rodriguez. "I refused permission for the search. Since I'm attorney, I know my rights. The officer had no probable cause to search the car, so I refused consent to search. Unfortunately, the officer refused to respect my legal rights. He ordered me out of the car and searched the car, without my permission. Of course, he found nothing illegal. The officer then checked out my license, my passenger's license and my insurance papers, and after ten minutes, he ordered us back into the car. We sat waiting twenty more minutes in the car, and then finally, he told us we could go. He didn't issue me a ticket, because I didn't do anything wrong."

https://www.aclunc.org/our-work/legal-docket/rodriguez-v-chp