Grits for Breakfast 12/30/2020
Out of Keller, TX comes the Lone Star State's latest police misconduct case with bystander video gone viral. Cops used a Class C arrest over a "wide right turn" to search Dillon Puente's vehicle when he refused consent to search, then used excessive force against his father, Marco, in retaliation for recording the incident. They arrested Dad on a phony obstructing the roadway charge.
See WFAA-TV's coverage. and a
New York Times story about the family's lawsuit.
The Texas Legislature bears as much responsibility for this episode as the officer. The US Supreme Court ruled 20 years ago in Atwater v. City of Lago Vista (a seat belt violation case) that whether officers could arrest for Class Cs is a legislative decision, and that state lawmakers would need to change the statute. State Rep. Senfronia Thompson has filed legislation to restrict such arrests in
HB 830 and as part of a larger omnibus "George Floyd Act," which is
HB 88.
Legislation to restrict the practice passed in 2001 (immediately after Atwater) but was vetoed by Gov. Rick Perry at the behest of police unions. In 2003, Perry vetoed another bill which would have required law enforcement agencies to have written policies stating when their officers could arrest for Class C misdemeanors. Since then, it's become common for police to arrest for Class Cs when drivers refuse consent to search. It's considered one of the "tools in the toolbox," as the practice was described after Sandra Bland's high-profile arrest (over her alleged failure to signal a lane change) and death.
At one time, police claimed these were rare occurrences and officers were only arresting dangerous people. Now, thanks to the Sandra Bland Act passed in 2017, we know that's not true. Today, law enforcement annually reports data on how many people are arrested for Class C misdemeanors to the Texas Commission on Law Enforcement. (
See here.)
More:
https://gritsforbreakfast.blogspot.com/2020/12/keller-pd-arrest-puts-family-face-on.html
