California Black Media

Commentary: Finding the Right Balance — Addressing Organized Retail Theft While Upholding Civil Liberties

Organized retail theft is a significant issue that impacts both consumers and businesses. While it is crucial to address theft and protect businesses from losses, we should also be mindful of safeguarding individuals’ constitutional rights, particularly the right to due process. AB 1990 by Assemblymember Wendy Carrillo, also known as the STOP Act, raises concerns about the balance between addressing theft effectively and ensuring civil liberties are upheld.

Published

2 years ago

April 17, 2024

Oakland Post

Assemblymember Tina McKinnor (D-Inglewood)

By Assemblymember Tina McKinnor | Special to California Black Media Partners

AB 1990 by Assemblymember Wendy Carrillo, also known as the STOP Act, raises concerns about the balance between addressing theft effectively and ensuring civil liberties are upheld. This bill allows law enforcement officers to make warrantless arrests for shoplifting offenses not witnessed by the officer, as long as there is reasonable cause to believe the individual committed the crime. This bill has a dangerous potential for overreach and infringes on civil liberties, particularly the right to due process.

While the stated intention behind the STOP Act is to combat organized retail theft and protect businesses, there are valid concerns that this bill is an overreach and that existing law works, if properly enforced by our partners in law enforcement. A petty theft involving property stolen valued at $950 or less may be charged as a felony or misdemeanor (called a wobbler) if the offender has the following prior convictions:  1) at least on prior petty or theft-related conviction for which a term of imprisonment was served, and 2) a prior conviction for a serious or violent offense, for any registerable sex offense, or for embezzlement from a dependent adult or anyone over the age of 65.  A misdemeanor can result in a sentence of up to one year in jail, whereas a felon can mean incarceration for 16 months, two years or three years.  Let’s look at shoplifting in California.  It occurs when a suspect enters a store, while that establishment is open, intending to steal property worth less than $950.  The crime is considered a misdemeanor, punishable by up to six months in the county jail.

Granting officers the authority to arrest individuals based on reasonable cause, without witnessing the crime firsthand, can lead to negative consequences and possible violations of individual rights. Probable cause is the legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for the courts to issue a search warrant. A grand jury uses the probable cause standard to determine whether or not to issue a criminal indictment.  The principle behind the probable cause standard is to limit the power of authorities to conduct unlawful search and seizure of a person or its property, and to promote formal, forensic procedures for gathering lawful evidence for the prosecution of the arrested criminal.  Reasonable cause does not require any of this due process and only requires that an officer reasonably believes that a crime has been committed. It is essential to find a middle ground that effectively addresses organized retail theft without compromising the fundamental rights of individuals.

California’s current laws, including the use of witness statements and surveillance evidence are sufficient for addressing suspected shoplifting and organized retail theft. California Attorney General Rob Bonta recently prosecuted Michelle Mack, a suspected organized smash and grab ringleader who paid twelve women to travel around California and commit over $8 million in retail theft at 21 different stores. AG Bonta used California’s current laws to have the suspect arrested and brought to justice.

The State of California is also making significant investments to address retail theft. Just this past year California invested an additional $267 million to combat organized retail theft. It has been less than a year and our law enforcement partners should have the opportunity to address this recent spike in retail theft crime.

Los Angeles County recently applied for and received a grant for the State of California for $15.6 million dollars to address retail theft enforcement.  LA District Attorney George Gascon also recently formed an organized retail task force that partners with LA County Sheriff’s Department, Glendale, Beverly Hills, Burbank, Torrance and Santa Monica Police Departments to integrate their response to retail theft across the region. These collaborative efforts, such as those seen in initiatives like the organized retail task force in LA County, demonstrate the importance of a united approach to tackling theft while maintaining a balance between enforcement and civil liberties.

As we move forward, it is essential for policymakers, law enforcement agencies, businesses and communities to work together in finding solutions that effectively address organized retail theft without encroaching on individual rights. Ongoing evaluation and a commitment to thoughtful consideration will be crucial in navigating this challenge and fostering a safe and prosperous environment for all. Balancing the scales of justice to protect businesses while upholding civil liberties demands a comprehensive and conscientious approach from all stakeholders involved.

I am confident we can find that balance.

About the Author

Assemblymember Tina McKinnor (D-Inglewood) represents the 61^st District in Los Angeles County, which includes parts of the South Bay, Inglewood, Hawthorne and Lawndale.

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Trump’s White House Pushes to Control California Wildfire Recovery

The executive order signed Jan. 27 by President Donald Trump directs federal agencies to explore regulations that could override California and municipal permitting rules for homes and other structures destroyed in the fires. Land-use and rebuilding permits have traditionally been handled by cities and counties, making the move an unprecedented federal intervention into disaster recovery.

Published

3 days ago

February 10, 2026

Oakland Post

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By Bo Tefu, California Black Media

The White House is moving to take control of wildfire recovery efforts in the Los Angeles County area, issuing an executive order that would shift rebuilding permit authority from state and local governments to the federal government following the January 2025 Palisades and Eaton fires.

“I want to see if we can take over the city and state and just give the people their permits they want to build,” Trump told the media when signing the order.

The Palisades and Eaton fires destroyed about 16,000 homes, businesses, and other structures across Pacific Palisades, Altadena, and surrounding areas. According to local data, roughly 4,700 applications to rebuild have been submitted, with about 2,000 approved so far. Officials say the pace of rebuilding is consistent with recovery timelines from other major wildfires in California, where reconstruction often takes several years.

Gov. Gavin Newsom and Los Angeles Mayor Karen Bass quickly condemned the order, stating that it is unnecessary and legally questionable. Disaster recovery experts echoed those concerns, pointing to constitutional limits on federal authority over land-use decisions.

Trump’s order calls on the Federal Emergency Management Agency (FEMA) and the Small Business Administration to consider allowing builders to self-certify compliance with health and safety regulations to receive federal approval.

The dispute has become another flashpoint in the ongoing political battle between Trump and Newsom. The governor has requested $33 billion in federal disaster aid that has not yet been approved, while survivors continue to face challenges related to insurance payouts, high rebuilding costs, and legal disputes tied to the cause of the fires.

“Instead of finally sending to Congress the federal relief Los Angeles needs to rebuild from last year’s firestorms, Donald Trump continues to live in fantasy land,” Newsom wrote on X.

Bass said the White House could speed recovery by approving disaster aid and pushing insurers and lenders to support affected residents.

Trump’s order calls for draft regulations within 30 days and final rules within 90 days.

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Bo Tefu

Gov. Newsom, AG Bonta to Local Law Enforcement: You Have Authority to Investigate Federal Agents

The guidance, released by the California Department of Justice (DOJ), emphasizes that local and state police have concurrent jurisdiction in cases involving federal officers and are not required to defer to federal investigations. The bulletin follows recent federal officer-involved shooting deaths in Minnesota and California.

Published

3 days ago

February 10, 2026

Oakland Post

iStock.

By Bo Tefu, California Black Media

Gov. Gavin Newsom and California Attorney General Rob Bonta issued a bulletin Jan. 27 reminding state and local law enforcement agencies that they have the authority to investigate potential violations of state law committed by federal agents, even when federal authorities do not cooperate.

The bulletin states that federal and state law enforcement have long worked together on investigations that can result in both federal and state charges, but recent actions by the federal government have raised concerns about obstruction and a lack of transparency. California officials say those developments require state and local agencies to be prepared to assert their legal authority.

“Especially when a fatal shooting occurs, no one should be allowed to rush in, seize evidence, and control the narrative before state and local law enforcement have lawful access,” said Newsom. “Transparency isn’t a talking point; it’s a legal and moral requirement.”

Bonta said federal agents do not have absolute immunity from state criminal prosecution and warned against claims suggesting otherwise.

“Let there be no question: State and local law enforcement in California have authority to investigate potential violations of state law, even when those violations are committed by federal agents,” said Bonta. “Federal courts have long recognized that federal agents do not have absolute immunity from state law prosecution.”

The bulletin advises agencies that states have primary authority to investigate and prosecute violations of state criminal law, including cases involving federal officers. It also notes that the California DOJ is available to assist local agencies and can seek court orders to preserve evidence or secure access to crime scenes if needed.

California officials pointed to a Minnesota case in which a Trump-appointed federal judge ordered the federal government not to destroy evidence amid allegations that federal authorities interfered with a state investigation into a fatal shooting involving a federal officer.

The move comes amid broader legal battles between California and the Trump administration over federal law enforcement practices. In recent months, Bonta has led or joined court filings challenging federal deployments and enforcement actions, while Newsom has opposed what state leaders describe as unlawful federal overreach.

The DOJ encouraged Californians to report alleged misconduct by federal agents through its online reporting portal, saying the state stands ready to investigate and, where warranted, pursue charges under the California Penal Code.

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Activism

Cracking Down on Human Trafficking, California DOJ Announces 120 Arrests

According to the California DOJ, 87 arrests were made for loitering, 25 for solicitation, and eight for pimping and pandering. Officials said the operation focused on reducing demand for commercial sexual exploitation while prioritizing a survivor-centered approach.

Published

3 days ago

February 10, 2026

Oakland Post

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By Bo Tefu, California Black Media

The California Department of Justice (DOJ) announced on Jan. 26 that 120 people were arrested during a coordinated, multi-county law enforcement operation aimed at disrupting human trafficking and connecting survivors with support services.

The arrests stem from Operation Stand On Demand, a six-day effort conducted from Jan. 19 through Jan. 24 across San Diego, Sacramento, Tulare, and Fresno counties. It involved more than a dozen state and local law enforcement agencies working together to target individuals involved in sex trafficking, including traffickers and buyers.

“This operation reflects an ongoing commitment by California law enforcement to target those who fuel trafficking and exploitation,” said Attorney General Rob Bonta.

“It’s a coordinated, multi-county law enforcement effort focused on disrupting sex trafficking, holding perpetrators accountable, and connecting survivors with support,” said Bonta.

San Diego County accounted for the majority of enforcement activity during the operation. District Attorney Summer Stephan said law enforcement agencies worked around the clock to identify and arrest individuals attempting to purchase sex.

“Our officers, in less than one week during this operation, took action, not words, by working around the clock and arresting and citing 105 people who thought that they were going to go out and buy a human being like they’re a hamburger or a slice of pizza,” Stephan said.

San Diego County Sheriff Kelly Martinez chimed in.

“Communities like Santee and San Marcos, which were part of this operation, face unique vulnerabilities tied to transportation routes, student populations, and employment opportunities,” she said.

Bonta said the arrests are part of broader statewide efforts to combat human trafficking. Since 2021, the Attorney General’s Office said its human trafficking task forces have led to more than 900 arrests and connected more than 1,000 survivors to services and resources.

“Human trafficking is a complex, devastating crime, but when we work together, we can make a real difference, and this operation is proof positive of that fact,” Bonta said.

California DOJ officials said similar operations will continue as part of the state’s ongoing strategy to combat human trafficking and protect vulnerable communities.