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HomeMy WebLinkAbout2026-06-11 Regular Police Pversight Commission Minutes of the Regular Meeting of the Police Oversight Commission v June 11 , 2026 REGULAR MEETING - 5:00 P.M. CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CALL TO ORDER MINUTES: Chair Carpenter called the meeting to order at 5:08 P.M. ATTENDANCE Commission Members Evangeline Gawronski Amalia Mejia Carlos Perea Nadin Said Danny Vega Vice Chair Gabriel Castillo Laughton Chair Keith Carpenter Staff Members Independent Oversight Director T. Jack Morse Jr. Deputy City Manager Sylvia Vazquez Deputy Chief Roland Andrade Police Commander Jorge Lopez Assistant City Attorney Jonathan Martinez Recording Secretary Abigail Y. Alcala POLICE OVERSIGHT COMMISSION 1 June 11, 2026 ROLL CALL MINUTES: Recording Secretary Abigail Y. Alcala conducted roll call. Commissioners Gawronski, Mejia, Perea, Said, and Vega, Vice Chair Castillo Laughton, and Chair Carpenter were present. PLEDGE OF ALLEGIANCE MINUTES: Chair Carpenter led the Pledge of Allegiance. PUBLIC COMMENTS—Public comments will be held during the beginning of the meeting for all comments on agenda items. Members of the public may provide comments on any agenda or non-agenda items within the subject matter jurisdiction of the commission. MINUTES:None. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. MINUTES:At 5:05 P.M., the Consent Calendar was considered. MOTION: Commissioner Gawronski moved to approve Consent Calendar Item Nos. 1 and 2, seconded by Commissioner Mejia The motion carried, 7-0, by the following roll call vote: AYES: COMMISSIONER GAWRONSKI, COMMISSIONER MEJIA, COMMISSIONER PEREA, COMMISSIONER SAID, COMMISSIONER VEGA, VICE CHAIR CASTILLO LAUGHTON CHAIR CARPENTER NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7— 0 — Pass 1. Excused Absences Recommended Action: Excuse the absent members. 2. Minutes from the Regular Meeting of May 14, 2026. Recommended Action: Approve minutes. ***END OF CONSENT CALENDAR*** RECESS— Police Oversight Commission will recess to Closed Session. POLICE OVERSIGHT COMMISSION 2 June 11, 2026 MINUTES: Chair Carpenter recessed the Police Oversight Commission meeting to consider the Closed Session item at 5:07 P.M. BUSINESS CALENDAR 3. CLOSED SESSION — Consistent with California Government Code Section 54957 PUBLIC EMPLOYEE COMPLAINTS (review of citizen complaint submitted to the Police Oversight Commission Complaint No. 2026-24). Government Code Section 54957 RECONVENE -- Police Oversight Commission will reconvene to continue regular City business. MINUTES: Chair Carpenter reconvened the Police Oversight Commission meeting to order at 6:40 P.M. CLOSED SESSION REPORT-The City Attorney will report on any action(s)from Closed Session. MINUTES:None. ***END OF BUSINESS CALENDAR*** STUDY SESSION 4. Know Your Rights: Interacting with Police Recommended Action: Receive a presentation from the American Civil Liberties Union (ACLU) of Southern California's Criminal Justice and Police Practices Project, presented by Staff Attorneys Amaris Mantes and Allison Rubinfeld, regarding the rights and requirements of community members when interacting with the police. MINUTES: Independent Oversight Director T. Jack Morse provided a brief introduction to the presentation regarding Know Your Rights. American Civil Liberties Union (ACLU) Staff Attorneys Amaris Montes and Allison Rubinfeld provided a presentation regarding "Know Your Rights: Interacting with Police Officers." Chair Carpenter asked for clarification regarding constitutionally protected areas, rights during traffic stops, searches, and whether turning off a vehicle or leaving the car doors unlocked could be considered implied consent. ACLU Attorneys Mon tes and Rubinfeld stated constitutionally protected areas are considered private spaces, with the home being the most protected. They clarified that integral parts of a property, like a garage or an Accessory Dwelling Unit(ADU), share this high expectation of privacy. They stated that in public spaces, such as a public sidewalk or where trash is left on the street, the expectation of privacy is POLICE OVERSIGHT COMMISSION 3 June 11, 2026 lessened, giving police more ability to conduct a search or stop an individual based on reasonable suspicion. They clarified that turning off the engine or leaving the doors unlocked when exiting a vehicle does not imply consent to a search. They stated non-consent does not provide an officer with reasonable suspicion or probable cause and, under the law, consent to a search must be explicitly given. Vice Chair Castillo Laughton asked whether police are required to provide the reason for a traffic stop, whether they must give the reason for an arrest, and whether these requirements are constitutionally protected. ACLU Attorneys Montes and Rubinfeld stated that under a new California state statute, officers are required to state the reason for a traffic or pedestrian stop before questioning an individual. They clarified that for an arrest, the requirement to state the reason is a federal constitutional protection and if an officer transitions a traffic stop into an arrest based on probable cause, they are required to inform the individual of the crime and provide Miranda warnings. Commissioner Vega asked whether the state law specifies exactly when officers must state the reason for the stop. ACLU Attorneys Montes and Rubinfeld stated that the statute requires the officer to state the reason for the stop before engaging in questioning related to a criminal investigation or traffic violation, though it does not dictate a strict sequence. Commissioner Said asked for the specific statute that was passed, inquired whether officers are required to provide a reason for a stop before questioning, and requested clarification regarding Miranda rights. Vice Chair Castillo Laughton asked whether police are required to read Miranda rights upon making an arrest, and whether that requirement is mandated under state law or protected by the Constitution. Chair Carpenter asked whether remaining silent would be considered reasonable suspicion or probable cause for an arrest. ACLU Attorneys Montes and Rubinfeld stated the mandate is constitutional and clarified that Miranda rights protect against self incrimination during custodial interrogation, and noted that best practice is to read Miranda warnings immediately upon arrest to ensure any spontaneous statements made are admissible in court. They clarified that once a person is under arrest, they have a constitutional right to remain silent under Miranda and an officer should recognize that silence may be an invocation of those rights, rather than considering it resisting or obstruction. Discussion ensued regarding the legal requirements of Miranda rights. Independent Oversight Director T, Jack Morse stated that the specific statute referred to is California Vehicle Code Section 2806.5 and clarified that it applies to both traffic and pedestrian stops. POLICE OVERSIGHT COMMISSION 4 June 11, 2026 Chair Carpenter asked whether objecting during searches or refusing to hand over a cell phone could be considered non-compliance. Commissioner Vega requested additional clarification regarding probable cause for searches involving cell phones. ACLU Attorneys Montes and Rubinfeld stated that cell phone searches require a warrant and that probable cause depends entirely on the specific facts of the situation. They clarified that objecting to a search or refusing to hand over a cell phone is a protected constitutional right, not an aggressive act or unlawful non- compliance. They noted that while officers are trained to respect a refusal, the presentation advises the public never to physically resist or pull away during an encounter as a safety tip to prevent escalation. Commissioner Mejia asked for clarification on the limits of a lawful frisk during a stop and the justified use of force during protests. ACLU Attorneys Montes and Rubinfeld clarified search limitations, stating that a frisk must be limited to a pat-down of the outer layers of clothing strictly to check for weapons, and it must be immediately obvious to the touch that an item is a weapon or evidence. They stated that less-lethal force, such as pepper spray or tear gas, must be proportional to an active public safety threat. Discussion ensued regarding crowd control and less-lethal weapons. Chair Carpenter request clarification regarding which documents are required to be provided when stopped to provide proof of legal status, and asked which person within a dwelling holds the authority to deny or provide consent to home searches. ACLU Attorneys Montes and Rubinfeld stated that when asked to provide citizenship status, a driver's license is what is typically presented and advised, though passports or birth certificates serve as technical proof. They clarified that if a co-resident disagrees on allowing a search, the search cannot legally proceed and stated that minors do not have the legal authority to grant consent to a search, but they do retain the right to deny entry or refuse a search. Chair Vega asked whether a homeowner can provide consent for the search of a renter's room. ACLU Attorneys Montes and Rubinfeld clarified that a homeowner would be able to provide consent for the search of a renter's room. **SEND OF STUDY SESSION**' STAFF COMMENTS POLICE OVERSIGHT COMMISSION 5 June 11, 2026 MINUTES: Assistant City Attorney Jonathan Martinez read the definition for "Miranda Rights." s Deputy City Manager Sylvia Vazquez invited everyone to the Southwest Senior Center on June 95 for the annual community meeting regarding the military equipment report. COMMISSIONER COMMENTS MINUTES: Commissioner Vega wished everyone a Happy Independence Day. Chair Carpenter thanked and wished everyone a Nappy Independence Day. ADJOURNMENT -Adjourn the Police Oversight Commission Meeting. MINUTES: Chair Carpenter adjourned the Police Oversight Commission meeting at 7:57 P.M. The next meeting of the Police Oversight Commission is scheduled for July 9, 2026 at 5:00 P.M. Res u_bmitt fAbl' ala, CM C coR Secretary POLICE OVERSIGHT COMMISSION 6 June 11, 2026