Grits was on a panel yesterday at an event at the UT Law School with Austin's interim police chief Brian Manley on the subject of pretext stops and and arrests for non-jailable misdemeanors. Since I was on the panel, I didn't take notes, but wanted to recount one (to me) telling exchange.
Chief Manley opposed pending legislation by state Sen. Konni Burton to eliminate most arrests for non-jailable offenses, saying there may be situations where it is still necessary. Asked what those might be, however, he could only name one: The officer might suspect the driver of other crimes.
And yet, Grits replied, isn't that the definition of a pretextual detention? If the officer had probable cause to believe a more serious crime had been committed, they could arrest the person. If they had reasonable suspicion, they could conduct a search. But having only suspicion that is less than "reasonable," Chief Manley wants authority to arrest motorists anyway for a Class C misdemeanor, just in case, basically on an officer's hunch. Those on your correspondent's side of the issue don't believe officers should have that power: That's the crux of the debate.
When the session was over, Grits walked out of the room with fellow panelist House County Affairs Committee Chairman Garnet Coleman, who is a joint author to the House companion to Burton's bill. A gentleman approached to tell Coleman he had been a police officer in Florida for 20 years and arrests for non-jailable offenses were verboten there under the state constitution. That limitation had never prevented him from doing his job, he assured the chairman. He predicted Texas cops would experience growing pains during the transition if such arrests were banned because they're so accustomed to using that extra leverage against people, but assured the chairman that it's perfectly possible to perform policing functions without it. Here's hoping Texas gets to find out.
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8 comments:
Thanks Grits, I'll check on my house member to encourage support if he's not already on this bill.
What are chances of passage? Would hate to see it die in Calendars!
Also note that Burton is a tea party favorite...but somehow I don't see that connection bringing that demographic's support to her effort. Want to be proven wrong on that count.
@9:02, on the House side the companion bill was filed by James White, an East Texas Republican, with the House County Affairs Chairman Garnet Coleman as a joint author. That's a pretty decent starting package of support, so IMO chances are decent. Of course, the process is designed to kill bills, not pass them, so at this stage ALL bills except the budget one would have to bet are more likely to fail than pass. (As my Dad likes to say, "there's never been a horse that can't be rode, never been a cowboy can't be throwed.") But this one's pretty well positioned, as these things go.
I heard you yesterday and stayed for the entire program. Wished more than once you'd also been there for the other two panel discussions!
I did too, 10:20! I had other obligations but regretted I couldn't be there for them.
America has so many incompetent people that do not know their job description and have no interest in learning what their duties are. Once they get on the government tit that's it, lifetime pension. Government Employees should not be allowed to give themselves a raise or any benefits without public input! All Government Employees should be required to read all the Forefathers documents (The Constitution of The United States, State Constitution, Declaration of Independence, Federalist Papers,The Magna Carta, The Mayflower Compact,The Articles of Confederation, Rules of Civility & Decent Behavior in Company Conversation, ect.) before running for Office. Term limits are a MUST, this is not a career position.
I still don't understand if there is "no law" that allows police to jail a person on a "Non-jail-able" offense, why ? Except to help "under the table" bail bondsmen and towing companies !
There is a law, 9:57, a court case by SCOTUS - Atwater v. City of Lago Vista. What's needed is a legislature passed law to rein in powers granted to police by the courts.
There's actually a statute that permits a custodial arrest for any offense other than speeding or having an open container (so long as the person is willing to sign the acknowledgment that they received the citation). ANY other offense is eligible for arrest; whether to ticket or arrest you is entirely up to the officer (usually guided by dept policies that give officers free hand for pretextual arrests).
The El Lago case was a constitutional challenge to that statute. The arrestee alleged that arresting her for a non-jailable offense violated the 4th Amdt, and that any statute that authorized it was therefore unconstitutional. The court held that the 4th Amdt permits an arrest for ANY criminal offense if the officer has probable cause. Any limits to that power would have to come from statutes or State constitutions.
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