Not Guilty

[Tigermike 3,425]

Only in America.

Not Guilty By Reason of Limited English Proficiency

Pennsylvania case illustrates a dangerous future of justice

In a terrifying blow to the future of law enforcement and criminal proceedings, Bucks County [Pa.] prosecutors were forced to drop drug charges against a man after a Pennsylvania Superior Court declared a search void due to the accused’s inability to understand English.

After Pennsylvania police pulled over New York resident Miqueas Acosta for driving with an expired safety sticker in June 2000, a subsequent search of his vehicle found a kilo of cocaine hidden in the minivan. Acosta claimed that the drugs, with a street value of $100,000, were not his and that he had only been hired by an acquaintance to drive the van from New York to Philadelphia. In addition, Acosta said that he was confused by the English questions from the officers and felt pressured into authorizing the search. A Pennsylvania court agreed, saying that the officers should have waited for a translator after reading the man his Miranda rights in Spanish, and ruled the drugs inadmissible.

“This case sets a dangerous precedent,” said Mauro E. Mujica, Chairman of U.S. English, Inc. “It tells Americans that lack of English proficiency is a valid excuse for those suspected of criminal activity. Furthermore, it places an undue burden on police officers working to protect our nation. Will there soon be a need for hundreds of officers, each speaking a different language, to attend to each traffic stop?” Census figures have found more than 325 languages spoken in the United States, including 138 in Pennsylvania.

“Here we have a man driving on some of the most heavily traveled roads in the nation who cannot understand English enough to consent to a search of his vehicle,” Mujica observed. “Unfortunately, we have more and more drivers on the road just like him, people who cannot understand road signs, report suspicious activity or interact with local law enforcement. We must ask ourselves why, in a nation with more than 44,000 motor vehicle deaths annually, we are licensing drivers who cannot speak English.” In all, more than 21 million Americans are limited English proficient, more than 3.3 million of who can’t speak English at all.

According to information obtained by U.S. English, New York currently offers its driver’s license exam in 21 languages. “Every language is worthy of being spoken at home and with friends,” said Mujica, who is fluent in four languages. “But it is ridiculous that states are licensing drivers to operate vehicles on American roads in languages other than English.

“Instead of the multilingual government approach that puts Americans at risk, we must make a commitment to English. A collective effort to promote a common language will not only be a benefit to the safety of our roads, but to the promise of our future.”

U.S.ENGLISH is the nation's oldest and largest citizens' action group dedicated to preserving the unifying role of the English language in the United States (website: www.usenglish.org). Founded in 1983 by the late Sen. S.I. Hayakawa of California, U.S.ENGLISH now has more than 1.8 million members nationwide

http://www.usenglish.org/inc/news/prelease...ease.asp?ID=113

[Tiger Al 0]

So, were they more concerned with drug traffickers or non-English speaking drivers? Maybe there should be a concerted effort to teach rudimentary English to those who don't speak it as well as giving the police language cards with basic yes or no questions and commands on them.

When I was working in an Army hospital in Germany we had such cards that were written in several different languages. I couldn't chit chat about their family but I could get them to hold their breath, turn over, be still, etc. with no problem.

Regarding driving, language really isn't a barrier to safe driving. Street signs aren't that intricate. If you know how to spell where you're going then you can easily just follow the arrows or the interstate number. Stop, Yield, Speed Limit 70 mph are pretty easy concepts to grasp. Every American in Germany learned how to do it without the need to speak German.

[CCTAU 3,369]

So, were they more concerned with drug traffickers or non-English speaking drivers? Maybe there should be a concerted effort to teach rudimentary English to those who don't speak it as well as giving the police language cards with basic yes or no questions and commands on them.

When I was working in an Army hospital in Germany we had such cards that were written in several different languages. I couldn't chit chat about their family but I could get them to hold their breath, turn over, be still, etc. with no problem.

Regarding driving, language really isn't a barrier to safe driving. Street signs aren't that intricate. If you know how to spell where you're going then you can easily just follow the arrows or the interstate number. Stop, Yield, Speed Limit 70 mph are pretty easy concepts to grasp. Every American in Germany learned how to do it without the need to speak German.

Yeah. I can see it now. We have a card with "Do you have any weapons or drugs on you?" in spanish. The ACLU would just love to call that "profiling". The only way to win is to allow only english tests. I am sure that Ma and Pa German would have no issues with someone searching their vehicle for drugs and weapons. it's ONLY the criminals we protect.

[AUloggerhead 2,356]

It's a bad precedent. I see much more potential for abuse on the criminal's side than on law enforecement's side. If this ruling stands, then I can see all the drug trafficers insisting on their 'mules' being English-as-a-2nd-language types. Even if they know some English, they can feign it away by just speaking in their native tongue. I can also see the trafficers getting around Al's suggestion for the police to carry phrase cards with them by employing immigrants from SE Asia or Eastern Europe or some obscure country where the police wouldn't have that language readily available.

[Tigermike 3,425]

So, were they more concerned with drug traffickers or non-English speaking drivers? Maybe there should be a concerted effort to teach rudimentary English to those who don't speak it as well as giving the police language cards with basic yes or no questions and commands on them.

Worldwide there are 6,800 main languages. Add in the different dialects and there are around 41,000. Do you propose that the police have a card for all and understand enough of all languages to know which card to use?

Maybe each police dept in every city nationwide should be required to hire several linguist to cover all the languages.

[Tiger Al 0]

So, were they more concerned with drug traffickers or non-English speaking drivers? Maybe there should be a concerted effort to teach rudimentary English to those who don't speak it as well as giving the police language cards with basic yes or no questions and commands on them.

Worldwide there are 6,800 main languages. Add in the different dialects and there are around 41,000. Do you propose that the police have a card for all and understand enough of all languages to know which card to use?

Maybe each police dept in every city nationwide should be required to hire several linguist to cover all the languages.

Is that what I said? Sometimes though, Mike, a little effort from both sides of an issue goes a long way towards reaching a satisfactory resolution for all involved. The example I gave of the hospital I worked in didn't have 6500 languages on it. But, it was an EFFORT by our staff to be able to communicate, in a small way, basic things we needed to communicate to that patient. It made it easier for the non-English speaking patient as well as the staff trying to get their jobs done. Do I think that some deputy in Clio, Al. should need to learn Tagalog on the off chance that he will come in contact with a motorist who only speaks Tagalog? No. But, wouldn't it make the whole traffic stop less stressful for the deputy AND the motorist if he had a way to say "Hello" "You were speeding" "May I see your license or passport" "Thank You"? As someone who has traveled to many non-English speaking countries I can tell you that the ones I enjoyed the most were the ones where people made a small effort to speak to me in my language, however butchered it was. And I think they were more appreciative of me when I tried to speak to them in their language, as butchered as it was.

[Tigermike 3,425]

That is great that your hospital did that. But that is not the point. You said

Maybe there should be a concerted effort to teach rudimentary English to those who don't speak it as well as giving the police language cards with basic yes or no questions and commands on them.

Check out the website.

U.S.ENGLISH is the nation's oldest and largest citizens' action group dedicated to preserving the unifying role of the English language in the United States (website: www.usenglish.org). Founded in 1983 by the late Sen. S.I. Hayakawa of California, U.S.ENGLISH now has more than 1.8 million members nationwide

“Instead of the multilingual government approach that puts Americans at risk, we must make a commitment to English. A collective effort to promote a common language will not only be a benefit to the safety of our roads, but to the promise of our future.”

http://www.usenglish.org/inc/news/prelease...ease.asp?ID=113

[Tiger Al 0]

You're right. Staunch pragmatism should never be diluted by compromise.