>> PEGGY PICO: Here is what the Constitution
says about answering those questions, to discuss this David Loy, welcome back, David. The constitutional argument that this gentleman
and many are using, what does that involve as far as your right to refuse to answer? >> I think they're absolutely correct. Whenever questioned by law enforcement all
persons have the right to refuse questions. >> PEGGY PICO: As far as your right to privacy,
prior to to remain client? >> It's a right to remain silent, a right
to privacy, a right to refuse to cooperate and refuse to answer questions. >> PEGGY PICO: Another question is the check
points themselves. If they are constitutional. Where does that stand right now? >> The Supreme Court held in a case called
Martinez that the government has a right to set up interior immigration check points withinÊ
near the border to assist in immigration enforcement, the A CLU strongly opposes those check points
and we think that check pointsÊ suspicionless check points illegal. >> PEGGY PICO: The border patrol did not want
to be here but they made this statement. Check points do not give agents cart blank
to automatically search vehicles, and let's talk about these other reasons why they
are stopping you, let's say to check for illegal drugs. Are those valid claims? >> Well, the check points stop everyone and
the Supreme Court held that the check points have to be justified by immigration purposes
they cannot have the primary purpose of crill law enforcement. The border patrol in our view is push that
go line hard and I think there is a fair argument to be made that they've outlived their purpose
and they're as much or more about crill enforcement than immigration. The Supreme Court was clear the government
does not have the right to use check points for general crill law enforcement
>> PEGGY PICO: Without probable cause, of course. >>> A check point by definition there is no
probable cause. >> PEGGY PICO: The since we're talking about
check points I want to make a distinction here and see if you can clarify for us, the
DUI check points throughout the city for drunk driving, do people who are stopped there have
to answer "are you drunk" or any questions proposed there by local law enforcement? >> No, I do not think so, the Supreme Court
has upheld the right to conduct those but I do not believe anyone is obligated to answer
a question asked. >> PEGGY PICO: When do you have to follow
what an officer says at a check point. >>> Only, if my view when there is reasonable
suspicion or probable cause that the person has committed a traffic violation, then you
need the license to identify the driver and issue a citation. >> PEGGY PICO: What would you recommend to
your clients or people watching when it comes to answering questions by border patrol agents
at check points? >> That's a personal decision that each individual
has to make based on their will willingness to stand up for their constitutional rights
and the willingness to endure the persuasion that the border patrol might impose upon them
but if you don't use your rights you will lose them. >> PEGGY PICO: David Loy, direct tore for
the A CLU thanks for joining us. >>> Thank you. >> DWANE BROWN: President Obama has passed
the women's rights law. Hugo Chavez will be buried, and his body on
display permanent until a museum. A state funeral is scheduled for tomorrow
morning. The final Roman Catholic cardinal arrived
today, the team was waiting for the last one to arrive today, some cardinals want to continue
their preconclave meetings as long as it takes to discuss the church's problems and figure
out who is best qualified to lead the Catholic church. "Captions provided by eCaptions"
>> DWANE BROWN: San Diego home prices keep going up, the median home price was $400,000,
up over a year ago. The operation home shelter in Vista is open
for 46 beds for families and they're full, another shelter for farm workers is expected
to open in Carlsbad in a few months. County health agency says the death toll from
this flu season is the worst on record, officials say the numbers are up because this year's
strain is severe, they say it's not too late to get a flu shut, the swine flu is still
the worst on record. From celebrities to teenagers, rehab programs
are accepted as the best way to treat drug and alcohol addiction but new data shows it's
not necessarily the case, Peggy Pico discovers the truths to drug alternative treatment centers. >> PEGGY PICO: If you look up drug treatment
centers in San Diego you will find a long list of options, how do you decide which is
best and do they work? Anne Fletcher author of "inside rehab" is
here with me with some of these answers. Anne going into rehab is a phrase that we
are oftenÊ we hear often but we don't hear what happens afterwards, what does happen? Are we talking group therapy? What happens
>>> That's what I wanted to know and I talked with experts in the field, I had previously
written a book on this and I didn't know what happened once you stepped inside so I decided
to go inside myself, visited 15 programs from coast to coast, outpatient programs to high
end celebrity programs and programs in between. >> PEGGY PICO: What surprised you the most? >> One is that the more you spend doesn't
necessarily that you get better treatment. A lot of people think if I spend a lot of
money I'm going to get better treatment and sometimes it means that but I found good,
quality treatment at programs where they address the whole person, going back to work, going
back to school, so there were surprises. Another thing that surprised me is there is
a big gap between science and practice in this field. There are a lot of things that we know are
effective for addiction treatment and they're not going on in most addiction treatment programs
in this country. I talked to experts who study addiction treatments,
andÊ >> PEGGY PICO: It's a complicated treatment
it's not like "stop using drugs" and something that simple. Your bookÊ you come from your own experience,
did you seek treatment for your addiction? >> I didn't, I had a serious drinking problem
and one of the myths is you have to go to rehab, when people say, what should I do and
the knee jerk reaction is you have to go to rehab. First of all, it's residential treatment,
most go to outpatient treatment where you're going for a couple of hours a day usually
a couple of times a week and that's just as effective as residential treatment. >> PEGGY PICO: And we have those centers here,
the smart recovery, correct? >> That's not treatment, it's like AA, AA
and smart recovery are self help groups and it's an alternative to AA that uses a different
philosophy, they're not treatments. >> PEGGY PICO: How do those programs compare
to success rates compare to inpatient treatments? >> They're completely different, they're not
the same thing, they're not treatment. One of the problems in this country is that
our treatment programs, whether they're residential or outpatient, most of them have adapted AA
as a form of treatment, and it wasn't meant to be a form of treatment
>> PEGGY PICO: It was meant for support? >> It was, and even the original teachings
of AA were not designed to have it be used that way. AA is great when it works, it works for a
lot of people but we find as many as 8 out of 10 drop out of AA within the first year
so it's a problem when you find that about 7 to 8 out of every 10 programs in the country
are using AA as a major basis of their treatment and not telling people about alternatives
like smart recovery which would be an alternative support group. >> PEGGY PICO: I know the Betty Ford center
is typical of the high end places. >>> I say not a place I visited, they use
a 12 step phased Minnesota model program. >> PEGGY PICO: And $30,000 for a 30 day stay
there, expensive. What sort of alternative centers are there,
if people do want to be in a treatment program let's say versus AA? >> I visited some nontraditional programs,
places that provide non12 step based treatments, that provide cognitive behavioral therapy,
science based treatment, more what the studies show to be effective, I could give you names,
there is one on the east coast called center for motivation and change, there is a place
here called practical recovery that I visited, there is one in Minnesota called Alseer so
there are programs across the country and programs using science based approaches and
I give examples for how to find people who provide science based treatment. >> PEGGY PICO: And you can find out about
that on our web site where people can follow links that you have recommended, Anne Fletcher
thank you so much. >>> Thank you.
This video is more of do you have to cooperate at check points. Doesn't speak about what happens.
"If you don't use your rights you will lose them"
I understand the reasoning of not wanting to answer questions at a checkpoint like these, but I wish that the majority of the people would stop refusing the citizenship questions and then within a few statements end up saying "as a citizen, I have rights and freedoms!" If you're going to say that, you just answered the initial question.
I know that I'm just being too picky, but I would prefer to hear these people say "the Constitution of this country affords certain rights and freedoms to individuals such as limiting the power of the government to interfere in our lives. Am I free to go?"