Politics
Column: Tinkering with Prop. 47 won't lower crime. Fixing San Quentin will
In 2020, after the tragic murder of George Floyd, there was a moment when it seemed as if America, California included, was ready to reform our broken and discriminatory criminal justice system.
In 2024, as the California Legislature returns from vacation, criminal justice is once again at the forefront. But now, the proverbial pendulum has swung and a new tough-on-crime era seems to be creeping up through the cracks of our good intentions.
Proposition 47, which helped lower California’s prison population by changing certain nonviolent crimes from felonies to misdemeanors, is likely to be rolled back, if not undone this year.
The California Highway Patrol has been called in to stop retail theft, despite the fact that no one is entirely sure just how big a problem it is.
Drug dealers are being charged with murder as deaths from fentanyl overdoses continue to spike, a new tactic in a new war on drugs, little different from the one that led to overincarceration of Black and brown people during the crack epidemic of the ’80s when we insisted we could arrest our way out of poverty and addiction.
It is a troubling reversal of both attitude and reform that, as history has proven, will not lead to the safer communities we all want.
But what is about to happen inside San Quentin State Prison has the potential to fundamentally change crime and punishment in the Golden State, and beyond.
Because as much as we want to believe that a single law, more police or a tougher sentence can protect us, the truth is that the best way to cut crime is to stop it from happening in the first place — not with the pounding fist of punishment that for decades has left us with jails and prisons where more than a third of people return within a few years of release.
But instead by helping people to find other paths, and giving them opportunities to survive in ways that uplift rather than prey upon our communities — an approach with proven results both in the U.S. and other countries, where incarceration decades ago embraced rehabilitation not as an option but a mandate.
Last year, Gov. Gavin Newsom announced that he wanted to transform San Quentin, California’s oldest and most famous prison, into a new kind of incarceration facility modeled after Scandinavian principles of rehabilitation, where that mandate for changing lives is written into law.
With his love of catchphrases, he dubbed it the California Model and left the details for later. On Friday, a long-awaited explanation of what the California Model will look like in practice was released, providing both an ideal and a blueprint for what is a radical, subversive and important shift in what it means to be in prison.
“This is a big deal,” Darrell Steinberg told me. He helped chair the committee that created the recommendations, and is the mayor of Sacramento, a city as plagued as any by the drug addiction, mental illness and homelessness that have driven much of the shift in attitudes around crime. So he knows as well as any that voters want results, not experiments.
“This will enhance public safety for the self-evident reason that when people have the tools to succeed on the outside they will have better lives and are much less likely to commit another crime,” he said.
It is visionary, he said, but also doable.
A core part of the transition involves changing the job of correctional officers from enforcers and adversaries to participants in rehabilitation, a metamorphosis that the union representing correctional officers supports. Under the plan, officers would take college-level classes on trauma-informed practices, and be expected to interact with inmates as mentors and guides.
San Quentin itself would also receive a makeover, albeit one curtailed by our current economic realities. Cramped cells that currently house two people in 46 square feet, about half the size of a decent bathroom, would be removed to allow for single-occupancy spaces that Steinberg said are the minimum dignity demands.
Correctional officers would also see an upgrade. Housing prices are so high in Marin County, where San Quentin is located, that it is impossible for many to live close enough for a daily shift (a two-bedroom averages more than $3,000 a month), leaving them with hours-long commutes.
So some officers have resorted to “dry camping” in trailers with homeless-like conditions that lack running water, electricity or even sewers. They are packing a week’s worth of work into a few days just to get by. The new plan would give correctional officers a campground with basic facilities and access to showers and safe spaces to relax — perhaps making the job less stressful.
For incarcerated people, the change will mean that on Day 1 of their sentences, there is a coordinated effort to arrange services — mental health care, education, job training, substance abuse treatment. And that there are people to implement those plans, and support them.
While that seems basic, it doesn’t happen now. People are largely left to their own devices to navigate an opaque and inefficient system that is so archaic that some of it isn’t even computerized. Wait lists are long and information can be hard to come by.
If the ideas laid out in the plan makes it through the upcoming budget negotiations (in a year with a large and unexpected deficit), it will be a culture change inside the most infamous prison in the country’s second-largest state prison system (Texas is the only state with a larger incarcerated population).
Though taking the California Model from paper to practice is the work of years, the proposal for San Quentin has the potential to be the largest and most meaningful criminal justice reform in decades — if we get it right, which of course is always an if when it comes to government.
But it is a big swing with the potential for real payoff — not the knee-jerk anger and fear of proposals like gutting Proposition 47, which will only repeat the mistakes of the past.
There will always be predators and there will always be crime. And admittedly, it all sounds touchy-feely and nebulous, like we are about to spend a bunch on money on holding criminals’ hands while they talk about their childhoods and get their GED.
And to be honest, that’s part of it, one we shouldn’t ignore.
At its root, the California Model is about dignity and compassion, creating policy around the belief that healing isn’t just for the innocent, and it isn’t soft.
Fixing humans, especially ones broken enough to hurt others, is the hardest of tasks.
But it can be done.
And if California turns San Quentin into a place where that happens, we will all be safer.
Politics
Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’
WASHINGTON — A man carrying a gun and a cellphone entered a federal credit union in a small town in central Virginia in May 2019 and demanded cash.
He left with $195,000 in a bag and no clue to his identity. But his smartphone was keeping track of him.
What happened next could yield a landmark ruling from the Supreme Court on the 4th Amendment and its restrictions against “unreasonable searches.” The court will hear arguments on the issue on April 27.
Typically, police use tips or leads to find suspects, then seek a search warrant from a judge to enter a house or other private area to seize the evidence that can prove a crime.
Civil libertarians say the new “digital dragnets” work in reverse.
“It’s grab the data and search first. Suspicion later. That’s opposite of how our system has worked, and it’s really dangerous,” said Jake Laperruque, an attorney for the Center for Democracy & Technology.
But these new data scans can be effective in finding criminals.
Lacking leads in the Virginia bank robbery, a police detective turned to what one judge in the case called a “groundbreaking investigative tool … enabling the relentless collection of eerily precise location data.”
Cellphones can be tracked through towers, and Google stored this location history data for hundreds of millions of users. The detective sent Google a demand for information known as a “geofence warrant,” referring to a virtual fence around a particular geographic area at a specific time.
The officer sought phones that were within 150 yards of the bank during the hour of the robbery. He used that data to locate Okello Chatrie, then obtained a search warrant of his home where the cash and the holdup notes were found.
Chatrie entered a conditional guilty plea, but the Supreme Court will hear his appeal next week.
The justices agreed to decide whether geofence warrants violate the 4th Amendment.
The outcome may go beyond location tracking. At issue more broadly is the legal status of the vast amount of privately stored data that can be easily scanned.
This may include words or phrases found in Google searches or in emails. For example, investigators may want to know who searched for a particular address in the weeks before an arson or a murder took place there or who searched for information on making a particular type of bomb.
Judges are deeply divided on how this fits with the 4th Amendment.
Two years ago, the conservative U.S. Court of Appeals for the 5th Circuit in New Orleans ruled “geofence warrants are general warrants categorically prohibited by the 4th Amendment.”
Chief Justice John Roberts sided with the court’s liberals in a 4th Amendment privacy case in 2018.
(Alex Wong / Getty Images)
Historians of the 4th Amendment say the constitutional ban on “unreasonable searches and seizures” arose from the anger in the American colonies over British officers using general warrants to search homes and stores even when they had no reason to suspect any particular person of wrongdoing.
The National Assn. of Criminal Defense Lawyers relies on that contention in opposing geofence warrants.
Its lawyers argued the government obtained Chatrie’s “private location information … with an unconstitutional general warrant that compelled Google to conduct a fishing expedition through millions of Google accounts, without any basis for believing that any one of them would contain incriminating evidence.”
Meanwhile, the more liberal 4th Circuit in Virginia divided 7-7 to reject Chatrie’s appeal. Several judges explained the law was not clear, and the police officer had done nothing wrong.
“There was no search here,” Judge J. Harvie Wilkinson wrote in a concurring opinion that defended the use of this tracking data.
He pointed to Supreme Court rulings in the 1970s declaring that check records held by a bank or dialing records held by a phone company were not private and could be searched by investigators without a warrant.
Chatrie had agreed to having his location records held by Google. If financial records for several months are not private, the judge wrote, “surely this request for a two-hour snapshot of one’s public movements” is not private either.
Google changed its policy in 2023 and no longer stores location history data for all of its users. But cellphone carriers continue to receive warrants that seek tracking data.
Wilkinson, a prominent conservative from the Reagan era, also argued it would be a mistake for the courts to “frustrate law enforcement’s ability to keep pace with tech-savvy criminals” or cause “more cold cases to go unsolved. Think of a murder where the culprit leaves behind his encrypted phone and nothing else. No fingerprints, no witnesses, no murder weapon. But because the killer allowed Google to track his location, a geofence warrant can crack the case,” he wrote.
Judges in Los Angeles upheld the use of a geofence warrant to find and convict two men for a robbery and murder in a bank parking lot in Paramount.
The victim, Adbadalla Thabet, collected cash from gas stations in Downey, Bellflower, Compton and Lynwood early in the morning before driving to the bank.
After he was robbed and shot, a Los Angeles County sheriff’s detective found video surveillance that showed he had been followed by two cars whose license plates could not be seen.
The detective then sought a geofence warrant from a Superior Court judge that asked Google for location data for six designated spots on the morning of the murder.
That led to the identification of Daniel Meza and Walter Meneses, who pleaded guilty to the crimes. A California Court of Appeal rejected their 4th Amendment claim in 2023, even though the judges said they had legal doubts about the “novelty of the particular surveillance technique at issue.”
The Supreme Court has also been split on how to apply the 4th Amendment to new types of surveillance.
By a 5-4 vote, the court in 2018 ruled the FBI should have obtained a search warrant before it required a cellphone company to turn over 127 days of records for Timothy Carpenter, a suspect in a series of store robberies in Michigan.
The data confirmed Carpenter was nearby when four of the stores were robbed.
Chief Justice John G. Roberts, joined by four liberal justices, said this lengthy surveillance violated privacy rights protected by the 4th Amendment.
The “seismic shifts in technology” could permit total surveillance of the public, Roberts wrote, and “we decline to grant the state unrestricted access” to these databases.
But he described the Carpenter decision as “narrow” because it turned on the many weeks of surveillance data.
In dissent, four conservatives questioned how tracking someone’s driving violates their privacy. Surveillance cameras and license plate readers are commonly used by investigators and have rarely been challenged.
Solicitor Gen. D. John Sauer relies on that argument in his defense of Chatrie’s conviction. “An individual has no reasonable expectation of privacy in movements that anyone could see,” he wrote.
The justices will issue a decision by the end of June.
Politics
Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC
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President Donald Trump mocked the Islamic Revolutionary Guard on Sunday morning for staking claim to a Strait of Hormuz “blockade” the U.S. military had already put in place.
“Iran recently announced that they were closing the Strait, which is strange, because our BLOCKADE has already closed it,” Trump wrote on Truth Social. “They’re helping us without knowing, and they are the ones that lose with the closed passage, $500 Million Dollars a day! The United States loses nothing.
“In fact, many Ships are headed, right now, to the U.S., Texas, Louisiana, and Alaska, to load up, compliments of the IRGC, always wanting to be ‘the tough guy!’”
Trump declared Saturday’s IRGC fire was “a total violation” of the ceasefire.
“Iran decided to fire bullets yesterday in the Strait of Hormuz — A Total Violation of our Ceasefire Agreement!” his post began.
“Many of them were aimed at a French Ship, and a Freighter from the United Kingdom. That wasn’t nice, was it? My Representatives are going to Islamabad, Pakistan — They will be there tomorrow evening, for Negotiations.”
Trump remains hopeful about diplomacy, but is not ruling out a return to force, where he once warned about ending “civilation” in Iran as they know it.
“We’re offering a very fair and reasonable DEAL, and I hope they take it because, if they don’t, the United States is going to knock out every single Power Plant, and every single Bridge, in Iran,” Trump’s stern warning continued.
“NO MORE MR. NICE GUY!
“They’ll come down fast, they’ll come down easy and, if they don’t take the DEAL, it will be my Honor to do what has to be done, which should have been done to Iran, by other Presidents, for the last 47 years. IT’S TIME FOR THE IRAN KILLING MACHINE TO END!”
Politics
Ordered free, still locked up: Judges fume as Trump administration holds ICE detainees
Judge Troy Nunley was fed up.
Federal immigration officials had once again flouted his authority by keeping a man locked up in a California City detention center after Nunley ordered him released. When he was finally set free, the man was booted onto the street with no passport, driver’s license or other personal effects. The judge’s demand that the items be returned were met with silence.
And so on Tuesday, Nunley, the chief judge of the Eastern District of California, slapped Department of Justice attorney Jonathan Yu with an official sanction and a $250 fine.
In a scathing order, Nunley laid out why he was compelled to take such a rare step. The fine may have been less than some traffic tickets, but it’s nearly unheard for a judge to formally admonish a government lawyer.
By Yu’s own admission, he was drowning in work. In his order, Nunley recounted the attorney’s claim he’d been assigned more than 300 nearly identical cases in the last three months, all of immigrants in detention who argued they were being held without cause.
Court filings show many California cases involve longtime U.S. residents unexpectedly hauled off to jail after routine check-ins with immigration officials. One was an Afghan who’d helped the American war effort. Another a Cambodian grandmother of eight who fled Pol Pot’s killing fields as a girl nearly 50 years ago.
Until last year, most would have fought deportation on bond after a brief hearing with an immigration judge. Now, their only hope of release is to file a petition for writ of habeas corpus — a legal maneuver once typically reserved for death row inmates and suspected terrorists — inundating the country’s busiest federal courts with thousands of emergency suits.
The Trump administration attorney said he was trying to “triage” the situation, but Nunley found he repeatedly failed to comply, leaving people with the right to walk free stuck behind bars.
“The Court is not persuaded,” he wrote, issuing the sanctions.
The order came days after Nunley took the unusual step of announcing a “judicial emergency” in the district, which covers nearly half of California, stretching from the Oregon border to the Mojave Desert in the inland part of the state, including Fresno, Bakersfield and Sacramento.
In the last year, the Eastern District has received more petitions from immigration detainees than almost any other jurisdiction in the United States: More than 2,700 since January, compared to fewer than 500 last year and just 18 in 2024. Similar crises are playing out elsewhere, with federal courts in Minnesota briefly paralyzed amid the Trump administration’s enforcement blitz there last winter.
People detained are seen behind fences at an ICE detention facility in Adelanto, California on July 10, 2025.
(Patrick T. Fallon/AFP via Getty Images)
In an interview with The Times, Nunley said dealing with the surge of activity since last summer has been “like being hit over the head with a bat.”
“We’re up all night doing these cases,” he said.
So far this year, the Eastern District’s six active judges have ordered almost people 2,000 freed.
“The majority of the cases that we see are cases where people should not be detained,” Nunley said. “They should be receiving hearings to determine whether or not they are to remain in this country, and until they receive those hearings, they should be free.”
Since last July, the Department of Homeland Security has ordered that all immigrants it arrests are subject to “mandatory detention” — a policy that had previously only applied to those caught at the border.
The change came four days after President Trump signed a spending bill that earmarked $45 billion to expand the federal network of immigrant lockups.
“This has been a sea change in the way the government has read the law,” said My Khanh Ngo, a senior staff attorney at the ACLU Immigrants’ Rights Project. “Almost every judge who has looked at this has agreed these people should get bond, and yet thousands of people are still sitting in detention.”
Elizabeth Vega, 15, right, and Darlene Rumualdo, 15, from Torres High School join labor organizers, clergy leaders and immigrant rights groups to protest immigration raids nationwide at La Placita Olvera in downtown Los Angeles on January 23, 2026.
(Genaro Molina/Los Angeles Times)
Longtime U.S. residents who might once have fought removal from home — where they can more easily gather evidence to support their case and confer with lawyers — are instead being held indefinitely.
Many have no criminal record. Some have been in the U.S. so long that the countries they came from no longer exist.
“People are locked up in the same facilities as people accused of crimes, people who’ve been convicted of crimes … and then you’re telling people, you have no shot of getting out,” Ngo said. “Detaining people and not giving them the chance to get out of detention is a way of coercing people to give up their claims.”
The habeas process can take weeks or months depending on the judge and the district.
“When the immigration cases dropped on our district, we got hit harder than any other outside West Texas,” Nunley said. “Initially we had more cases than anyone else.”
Today, data compiled by ProPublica and legal activist groups including the Immigration Justice Transparency Initiative show almost a quarter of the roughly 30,000 active habeas petitions in the United States are in California courts. Nunley’s own tabulations show half the California cases are in his district, where a perfect storm of stepped-up enforcement, a large population of immigrant workers and a concentration of detention centers produced a flash flood of habeas petitions.
The cases rely on the Constitution’s guarantee of due process before being deprived of life, liberty or property. But according to court filings, in some instances the government has argued “the Fifth Amendment does not apply” to detained immigrants.
DOJ lawyers responding to the bids for freedom now regularly complain they’re being crushed under paperwork.
Judges accustomed to having government lawyers comply with their orders have been left fuming.
In California’s Central District, which includes L.A. and surrounding areas, Judge Sunshine Sykes wrote a fiery decision earlier this year that said the Trump administration is inflicting “terror against noncitizens.”
Sykes is one of several federal judges across the country that have tried to compel the government to resume bond hearings. The 9th U.S. Circuit Court of Appeals blocked that decision in March, leaving the habeas system in place for now. But with challenges or recent decisions across multiple circuits, experts say the fight is fated for the Supreme Court.
“ICE has the law and the facts on its side, and it adheres to all court decisions until it ultimately gets them shot down by the highest court in the land,” a Homeland Security spokesperson said in an email to The Times.
A woman holds a “ICE not welcome here!” sign at a vigil in San Pedro in January.
(Gina Ferazzi/Los Angeles Times)
The lawyers fighting to free those jailed under the Trump administration’s mandatory detention policy say they were not initially equipped for these legal battles because they used to be exceedingly rare.
Most federal judges had only seen a handful of habeas petitions before last summer — then suddenly they had hundreds of requests for urgent relief, according to Jean Reisz, co-director of the USC Immigration Clinic.
Reisz said there are efforts to get pro bono law groups trained on how to effectively argue habeas cases, “but it takes a while to get up to speed.”
A federal agent asks residents to move back after a shooting during an immigration enforcement operation in Willowbrook on January 21, 2026.
(Genaro Molina/Los Angeles Times)
At the same time, Reisz said, lawyers are pushing judges who oversee the cases to act swiftly, since interminable procedural delays ensure people remain incarcerated.
“Most of the habeas petitions include a motion for temporary restraining orders, and that requires emergency decisions from the courts, which requires the courts to act very fast,” Reisz said.
In California’s federal district courts, the backlog remains thousands deep. Nunley said the system is struggling to keep up with the crush of cases.
“There’s nothing that says that noncitizens should not be entitled to due process,” Nunley said. “These are our people, they reside in our district. They’re entitled to the same due process that you and I are entitled to.”
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