Sunday, April 18, 2010

Traffic arrests causing jail crowding?

Friday, the Houston Police Department announced that it would cease arresting people for minor traffic offenses, presumably those punishable by fines only, because they were causing a jail overload.
This raises the question of how many traffic offenders are arrested by the Houston Police Department and who they are. Are there enough arrests for traffic offenses that it can fill up the jail?
Police in Texas can arrest Texans -- but usually not those with out-of-state driver's licenses -- for any traffic offense except speeding and drinking while driving. Each police officer has the discretion to issue a traffic ticket or arrest the driver for things like driving without a buckled seat belt or making an illegal lane change or a turn without a signal.
And, the Supreme Court has held that it is constitutional for police to have discretion to arrest people and slap them in jail for crimes for which jail is not a possible punishment.
I've had my share of traffic tickets over the years and I've never been arrested. And, I can't recall any of my friends or colleagues being arrested for minor traffic violations. But, I've had a lot of clients arrested for failure to signal a turn.
The difference? Well, maybe it's because because I'm white and middle class and my arrested clients usually are neither.
Some probably arrested for what Chuck Miller, a former judge on the Court of Criminal Appeals, called "poor person in a no poor person zone." I've heard the same sentiment expressed but normally it comes with a racial connotation. I've seen people get arrested on traffic because they were white people in a no white people zone and, yes, you guessed it, black clients arrested in a no black people zone.
Why do the police arrest these folks for minor traffic violations. Well, if they can impound the car, they can search it and look for contraband like drugs. Shocking, isn't it.
Maybe my former colleagues at the Chronicle ought to take a look at the statistics of those arrested on minor traffic violations rather than being issued a citation. I'm curious how many of those people have River Oaks or Memorial home addresses and how many have Third or Fifth Ward addresses. And, I'm curious about their races. How many are white, black or Hispanic?
If I were a betting man, I would bet that the vast majority are young, minority males.
And, why you ask, can't they arrest people with out-of-state driver's licenses? It's because Texas, like most states, is a member of an interstate compact on traffic offenders. That compact which was passsed by the Legislature and approved by Congress, requires issuance of a ticket to persons from compact states if the officer has any discretion about arresting traffic offenders or giving them a ticket, the officer must give the driver the chance to sign the ticket and promise to appear.
The compact was adopted to prevent people from being arrested by Deputy Fife in Mayberry and being required to post a bond before being released.
Of course, most Houston police officers probably haven't heard about the compact. Or, they think it doesn't apply to people they think may have contraband.