Police powers extended
Wednesday, April 25, 2001
From San Francisco Chronicle
IN A DECISION that should send a chill through
the spines of civil libertarians, the U.S. Supreme
Court ruled yesterday that police may arrest people
for even the most minor infractions usually punished
by fines.
The ruling was a frightening extension of police
powers and gives renegade cops -- or merely
annoyed officers -- a license to harass, punish and
abuse citizens with unnecessary arrests.
Yesterday's decision allows police to take into
custody people suspected of such petty violations
as failing to wear a seat belt, having a dog off leash
or even littering.
The Supreme Court voted 5 to 4 against a Texas
woman who claimed her constitutional right against
unreasonable search and seizure was violated in
1997 when she was handcuffed and taken to jail
because she and her children, ages 6 and 4, were
not wearing seat belts in her pickup truck.
When she told the arresting officer she was not
carrying her driver's license or insurance papers
because her purse was stolen the day before, he
said he had "heard that story 200 times."
The officer then handcuffed her and brought her to
jail, where she was held for an hour, them released
on $310 bond. She ultimately paid a $50 fine, then
sued, claiming a violation of her constitutional right
against unreasonable search and seizure.
Even Justice David Souter, who wrote the majority
decision, chided the arresting officer for "extremely
poor judgment," and for imposing "gratuitous
humiliations."
In San Francisco, the police policy is to issue
citations for minor offenses, unless a suspect refuses
to provide identification. Other Bay Area police
agencies have similar ticket-and-release policies
they say will not change.
However, the court's ruling allows -- and might
even encourage -- rogue cops to use their authority
to arrest as a weapon to punish minor offenders and
humiliate suspects they just don't like
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