>> 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.