Skip to content
LPBN-Icon-v1
ImmigrationProf Blog
A Member of the Law Professor Blogs Network

CA Court of Appeals Refuses to Invalidate LAPD Special Order 40

By immigrationprof

The California Court of Appeal (Sturgeon v. Bratton, June 17, 2009) has upheld Los Angeles Police Department’s Special Order 40, which limits its officers authority to inquire into the immigration status of crime witnesses, victims, and suspects.  LAPD believes that the policy promotes law enforcement by encouraging the immigrant community to cooperate with local police in local law enforcement.  A plaintiff had challenged the Special Order, which has sparked controversy in recent years, as an encroachment of the federal power over immigration.  The court of appeal ruled that “The trial court granted summary judgment, upholding the validity of SO40. … We agree with the trial court’s analysis in all respects, and therefore affirm.”

KJ