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.
By Assemblymember Tina McKinnor | Special to California Black Media Partners
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. 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 61st District in Los Angeles County, which includes parts of the South Bay, Inglewood, Hawthorne and Lawndale.
Activism
Oakland Post: Week of April 24 – 30, 2024
The printed Weekly Edition of the Oakland Post: Week of April 24 – 30, 2024
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Business
Black Business Summit Focuses on Equity, Access and Data
The California African American Chamber of Commerce hosted its second annual “State of the California African American Economy Summit,” with the aim of bolstering Black economic influence through education and fellowship. Held Jan. 24 to Jan. 25 at the Westin Los Angeles Airport Hotel, the convention brought together some of the most influential Black business leaders, policy makers and economic thinkers in the state. The discussions focused on a wide range of economic topics pertinent to California’s African American business community, including policy, government contracts, and equity, and more.
By Solomon O. Smith, California Black Media
The California African American Chamber of Commerce hosted its second annual “State of the California African American Economy Summit,” with the aim of bolstering Black economic influence through education and fellowship.
Held Jan. 24 to Jan. 25 at the Westin Los Angeles Airport Hotel, the convention brought together some of the most influential Black business leaders, policy makers and economic thinkers in the state. The discussions focused on a wide range of economic topics pertinent to California’s African American business community, including policy, government contracts, and equity, and more.
Toks Omishakin, Secretary of the California State Transportation Agency (CALSTA) was a guest at the event. He told attendees about his department’s efforts to increase access for Black business owners.
“One thing I’m taking away from this for sure is we’re going to have to do a better job of connecting through your chambers of all these opportunities of billions of dollars that are coming down the pike. I’m honestly disappointed that people don’t know, so we’ll do better,” said Omishakin.
Lueathel Seawood, the president of the African American Chamber of Commerce of San Joaquin County, expressed frustration with obtaining federal contracts for small businesses, and completing the process. She observed that once a small business was certified as DBE, a Disadvantaged Business Enterprises, there was little help getting to the next step.
Omishakin admitted there is more work to be done to help them complete the process and include them in upcoming projects. However, the high-speed rail system expansion by the California High-Speed Rail Authority has set a goal of 30% participation from small businesses — only 10 percent is set aside for DBE.
The importance of Diversity, Equity and Inclusion (DEI) in economics was reinforced during the “State of the California Economy” talk led by author and economist Julianne Malveaux, and Anthony Asadullah Samad, Executive Director of the Mervyn Dymally African American Political and Economic Institute (MDAAPEI) at California State University, Dominguez Hills.
Assaults on DEI disproportionately affect women of color and Black women, according to Malveaux. When asked what role the loss of DEI might serve in economics, she suggested a more sinister purpose.
“The genesis of all this is anti-blackness. So, your question about how this fits into the economy is economic exclusion, that essentially has been promoted as public policy,” said Malveaux.
The most anticipated speaker at the event was Janice Bryant Howroyd known affectionately to her peers as “JBH.” She is one of the first Black women to run and own a multi-billion-dollar company. Her company ActOne Group, is one of the largest, and most recognized, hiring, staffing and human resources firms in the world. She is the author of “Acting Up” and has a profile on Forbes.
Chairman of the board of directors of the California African American Chamber of Commerce, Timothy Alan Simon, a lawyer and the first Black Appointments Secretary in the Office of the Governor of California, moderated. They discussed the state of Black entrepreneurship in the country and Howroyd gave advice to other business owners.
“We look to inspire and educate,” said Howroyd. “Inspiration is great but when I’ve got people’s attention, I want to teach them something.”
California Black Media
Asm. Tina McKinnor Elected Chair of L.A. Delegation to Legislature
On Jan. 24, the members of the Los Angeles County Delegation (LACD) to the California Legislature elected Assemblymember Tina McKinnor (D-Inglewood) as the group’s chair. McKinnor, who is a member of the California Legislative Black Caucus, will lead the 39-member body, which is comprised of 15 State Senators and 24 State Assemblymembers representing various areas of Los Angeles County.
By California Black Media
On Jan. 24, the members of the Los Angeles County Delegation (LACD) to the California Legislature elected Assemblymember Tina McKinnor (D-Inglewood) as the group’s chair.
McKinnor, who is a member of the California Legislative Black Caucus, will lead the 39-member body, which is comprised of 15 State Senators and 24 State Assemblymembers representing various areas of Los Angeles County.
As LACD chair, McKinnor succeeds Assemblymember Luz Rivas (D-San Fernando Valley).
“I am grateful for the trust legislators from the Los Angeles County Delegation have placed in me to serve as its next Chair,” said McKinnor in a statement.
LACD Vice Chair, Sen. Maria Elena Durazo (D-Los Angeles), said the body, which collectively represents about 10 million people in California’s populous county, is the largest, bi-partisan, and most diverse delegation in the California Legislature.
“Heading into a challenging budget year, the Delegation, and I will be intensely focused on making sure communities throughout Los Angeles County receive the services they need and that we continue our historic investments to address homelessness and the housing affordability crisis in Los Angeles County,” Durazo added.
McKinnor thanked Rivas for her stewardship of the LACD during the last legislative session.
“The Delegation and I are grateful to outgoing Chair, Assemblymember Luz Rivas, for her incredible leadership to the Legislature, the state, and especially the people of Los Angeles County,” said McKinnor.
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