People in Austin were outraged recently when Amanda Jo Stephen was arrested for jaywalking – a crime that ultimately required four officers and left Stephen sitting cuffed and crying on the ground in front of onlookers. The video is below. However, it was the response of Austin police chief Art Acevedo made this even more bizarre and disturbing.
When people objected to the treatment this woman and over-reaction of his officers, Acevedo responded that “In other cities there’s cops who are actually committing sexual assaults on duty, so I thank God that this is what passes for a controversy in Austin, Texas.” At best, that sounds like a flippant dismissal of abuse and at worse almost sounded like Stephen was lucky to get away without a gang rape by officers.
Acevedo was inundated with calls and later apologized for the “poor analogy” and insisted that “I attempted to place the arrest into context by bringing attention to the fact that law enforcement deals with many acts of serious misconduct.”
The problem with the apology is that it still misses part of the problem. Putting aside the basis for this arrest, everyday and casual abuses are a major problem of police misconduct. This woman was left cuffed and sitting on the ground in public and then arrested and charged. Four officers participated in the arrest. Arbitrary and over-the-top police enforcement that creates fear of police and a sense of impunity for officers. Then when a chief of police shrugs it off as still better than a rape, it sends a chilling message to citizens and the wrong signal to officers. It is much much worse than a “poor analogy” in my view.
By the way, the original Acevedo interview contained other comments from the Chief in dismissing objections from cities. Stephen was charged with “failure to identify” and “failure to obey a pedestrian control device.” Acevedo says that his officers were merely trying to change the behavior of citizens and issued seven citations that day to reduce traffic deaths. He then noted that she was handcuffed after telling the officer not to touch her and “All that young lady had to do when she was asked for her information was to provide it by law. Instead of doing that, she decided to throw [herself] to the ground – officers didn’t sit her down – and she did the limp routine.” He indicated that she got off easy: “Thank you lord that it’s a controversy in Austin, Texas that we actually have the audacity to touch somebody by the arm and tell them ‘oh my goodness, Austin Police, we’re trying to get your attention.’ Quite frankly, she wasn’t charged with resisting, and she was lucky I wasn’t the arresting officer because I wouldn’t have been quite as generous.” Generous. Well, it appears that she got the nice Austin officers. It seems that she should be counting her lucky stars that she was not raped by officers in other cities or ran into the Chief of Police as a jaywalker.
Source: Daily Texan
Kudos: DavidM
I am confused here. Is the issue the fact that the Chief made such ignorant comments after the fact or that someone who could have just given them her name, taken a ticket for jaywalking and dealt with it in court; chose to throw a temper tantrum in public? Seriously how could they just issue a ticket if they don’t know who she is. Jaywalking is not a major crime. Simply giving them her name even if she did not have her ID (which she should have had) (what if she would have been hit by a car) (who would police notify that their daughter was dead, because she stepped out in front of a car) could probably prevented all of this.
My son was almost killed by Deputies in Montgomery County, TX, so I am not by any means a PRO-COP activist; just trying to put a little common sense into the discussion. Along with all the post about RIGHTS, think about RESPONSIBILITIES.
https://lagann2002.wordpress.com
lagan, You do not need to have ID on you at all times, especially when jogging, unless you are carrying your pistol like our Guv for life Perry. In fact, the only thing you must do according to the SCOTUS is to give a cop your correct name. The cops failed to use common sense as our former police officer Darren has pointed out.
lagann2002, I agree with Randy that she does not need to have her ID with her. I will add further that I am not in agreement with the civil infraction of jaywalking, other than perhaps a possible verbal warning concerning safety.
Driving a car is considered a privilege. Therefore, we have licenses for the privilege and we create rules of driving and require presenting the driver’s license when stopped.
Walking is not a privilege. It is a fundamental right. This case in particular highlights this distinction between the right to walk and the privilege to drive.
The laws regarding pedestrians should be that they have the full right of way period. People might observe traffic lights out of a courtesy, but if they see the way is clear, I have no problem with people crossing the road when the pedestrian marker is red. If the government has a big problem with it, then maybe they should then do like they do in Moscow and build tunnels at each intersection for the pedestrians.
david, Or they could do as the regime in Romania did when I was there in 1984 in Bucharest. I was on foot at an intersection downtown and the traffic light had turned green for my direction of travel, so I did the normal Houston thing and started across. There were about a hundred of so folks around, and when I started many of them did so too. Unfortunately, the pedestrian light had not changed, and a cop down the street saw that and whistled. Virtually everybody RAN back to the sidewalk, leaving me almost halfway across. I decided that when in Romania do as the Romanians do, so I joined the throng back on the sidewalk. I was astounded at the strict obedience to the cop, and decided, I need to get out of this place ASAP.
When I crossed the Hungarian border a few days later, I spoke to the Hungarian guards in German that I was DAMNED glad to be out of that country. They laughed and said that they heard that all the time.
Texas Failure to Identify Law, What it Says vs. What Police Think It Says
May 9, 2013
ExCop-LawStudent Uncategorized Civil rights violation, Failure to identify, Fourth Amendment to the United States Constitution, Illegal arrest, police, Police abuse, Police officer 9 Comments
The Texas Failure to Identify law is fairly simple. Why don’t police get it? It states:
(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has: (1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
(c) Except as provided by Subsections (d) and (e), an offense under this section is: (1) a Class C misdemeanor if the offense is committed under Subsection (a); or
(2) a Class B misdemeanor if the offense is committed under Subsection (b).
(d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is: (1) a Class B misdemeanor if the offense is committed under Subsection (a); or
(2) a Class A misdemeanor if the offense is committed under Subsection (b).
(e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07.
Tex. Pen. Code Ann. § 38.02.
Did I mention, I jaywalk at that spot almost every day since then?
A few years ago our local PD here in Seattle, I caught two beat officers jay walking on Pine Street between 2nd and 3rd, in the heart of downtown, just chatting it up…
… I tossed them the old, “Hey, who supposed to write you guys up for jay walking?” (nowadays that is called taking life into one’s hands).
They clipped back, “As long as you’re using the alleyway as your intersection, it’s O.K.”
Thanks, Chief. Indeed, you have validated the saying that “the fish stinks from the head down.”
I believe there was a Supreme Court case decided recently that determined that citizens do not have to act submissively when pulled over by a police officer. I can’t find it, maybe someone else can or maybe Professor Turley can help us.
I just thought there are some who might find this video interesting: http://www.youtube.com/watch?v=WdDvfpnViVg
Having been in this situaton (in South Texas) before, I suggest that the question could have been answered simply and without such a smart-alek attitude. I recently heard a briefing by prominent law enforcement down there and was alarmed at the numbers of human beings, drugs, money, military-style weapons and munitions that are transorted on highways by seemingly law-abiding citizens. This doesn’t even come close to the barbaric crimes which compare to atrocities we have all heard about.
It has to be a difficult balance for those in law enforcement who are on the front lines. Citizens need to exercise good judgment also. When in a high crime area, in paritcular, a little courtesy and manners goes a long way. Why does the guy in this video protest so much over a simple question?
seamus, Chicago cops prey on all it’s citizens, except the wealthy and connected.
This is an example of what is wrong with police departments. Not only is the police chief an idiot, the officers are concerned about changing the behavior or citizens. The behavior that should be changed is the behavior of the officers and administration.
LFDJR-SF,
Just because someone is riding a bicycle means that they don’t pay taxes for the roads? Or are you suggesting a cyclist doesn’t pay tolls on toll roads? I guess someone should not wear black at night if there is a chance that they may be walking in a poorly lit area. Jaywalking arrests or citations, in most cases, are an excuse for police to harass citizens.
To my knowledge, bicyclists do not pay taxes or fees for the use of streets, bicycle lanes and government services (as when they use police when a bicycle is stolen or they kill a pedestrian as in the case of a bicyclist in San Francisco last year). I’m personally against paying tolls and private ownership of roadways. Payment of a fee on, say, a bicycle operating permit in certain areas, is a way to educate bicyclists about safety and maintain their attention to compliance and offset the costs.. They need to have some investment in the community infrastructure.
http://www.sfgate.com/bayarea/article/Streets-of-S-F-a-road-hazard-as-pedestrian-5205143.php
Check out the comments of the victim’s son in this case:
http://sanfrancisco.cbslocal.com/2013/08/15/san-francisco-cyclist-sentenced-in-death-of-pedestrian/
As for wearing black at night, I am suggesting that pedestrians need to exercise street-smarts, i.e, to be self-aware and diligently obey those laws which are designed to protect them in hazardous situatinos.
Where police are harassing citizens through frivolous jaywalking (or traffic) arrests or citations, there should be legal and political attention.
@nick spinelli
Au Contraire Msr. Spinelli. He’s obviously making reference to Chicago where cops have been exposed as rapists, preying on drunk women.
Interestingly, the Chief’s comments also provide the basis for a false arrest claim (at least) against the Department. The Chief stated repeatedly that she was arrested for failure to identify herself at the request of the officers, not for jaywalking or for resisting arrest. The problem is that there is no law that allows for an arrest for failure to identify yourself. The law says you can be charged with an offence for failure to identify yourself AFTER you have been arrested. Yet, the Chief admitted she was arrested for failing to identify and that “that” is why she spent time in jail. Well, thank you very much Mr.Chief, you just admitted that your officers made the woman spend time in jail based on an arrest that had no basis in the law! I commented on this in my Torts blog here: http://bernabetorts.blogspot.com/2014/02/police-chief-apparently-admits-to-false.html
Prof. Bernabe, thank you for that analysis. Very interesting.
I know that here in Florida, pedestrians do not have to present ID to an officer asking for it. This seems like the right way the law should be concerning our basic liberty.
LFDJR,
That was a parody, no?
Cities are always loaded with good geniuses–places of sanctuary they are.
Commenters should set aside the rape and police misconduct hysteria. The issues are safety, jaywalking and defiance of one high-strung pedestrian toward obeyance of law and law officers. When this woman began her “limp routine” attitude, the officers should have escorted her to the police station and not deal with it at the scene. They have important work to do in the field.
But, let there be a lesson from this.
This type of defiant behavior results in countless numbers of pedestrians being injured and killed in this country. I live in San Francisco where pedestrian-auto deaths are alarmingly high and it is getting worse, yet autos get some 96% of the citations. Cities,developers and highly qualified traffic planners have put in place elaborate designs and signage so that autos, pedestrians and bicycles can co-exist. Look around sometime and observe how many pedestrians and bicyclists disobey signage, curbs and jaywalking laws and are distracted by their cell phones and earplugs. Same for drivers who are distracted and fail to yield. Add to it those who are wearing black in poorly lighted areas at night and who step out in front of traffic in the middle of a block!
In SF last week, a 91 year old woman jaywalked and stepped in front of a cement truck. My 80’s mother would cross in designated areas and was taunted by agressive Austin drivers. I recall bicyclists (who do not pay for roads) in downtown SF playing daredevil games by weaving in and out in front of city buses and, alas, one day one of those bravados was crushed by the wheel of a bus. One day at noontime I saw a pregnant woman killed as she crossed a busy sreet mid-block in front of traffic. Survival of the fittest?
I suggest putting all this energy into publc awareness and conversation about a serious issue which I suggest is a major public health and safety issue: JAYWALKING.
What do you expect when criminals permeate the police force. There is more than a few bad apples.
Wanna see 10 felonies a day committed by people posing as police?
These are just the ones that make the press.
http://www.policemisconduct.net
What a coach roach Acevedo is. This is so disgusting it is hard to express what I feel. It is small wonder this idiot didn’t say “she should be damned glad the arresting officer didn’t pull out his weapon and kill her.”
One has to know that the coward with a gun and badge must have been threatened by this 110 pound female. She should thank her lucky stars that she is alive.
The Austin Chief is making reference to San Diego where cops have been exposed as rapists, preying on drunk women. The good citizens of San Diego got rid of their pervert mayor, now they have to clean house in the police dept.
Police are being trained now that the American citizen is enemy number one. This is part of the ongoing treason that began with the false flag event of 911 and continues with hoaxes like Boston, Sandy Hoax, LAX, and dozens of other obvious staged events that fit there current objective of gun confiscation wich is only a stepping stone to there larger goal of enslavement of the entire planet, at least those who are not killed outright.
All this is completely exposed on youtube so people need to WTFU now if humanity has a chance to survive. Start with WTC7 and you will see the evidence of an inside job is overwelming and beyond any shadow of a doubt. The MSM have been in on it from the beginning and are the key to how they continue to get away with it.
One of the infractions cited is a “failure to identify”; does anyone have any details on this?
If one of the lawyers or LEOs on the blog could answer:
1. Are citizen of Texas and Austin required to carry ID on their persons at all times?
2. If so, are they required to produce it on the demand of the police?
3. Did Stephen merely fail to produce required ID or did she simply refuse to provide her name?
Much obliged for any answers.