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Austin, Texas woman arrested for jaywalking
An Austin, Texas man was sitting in a downtown Starbucks when he noticed police handing out citations for jaywalking. The police shouted at a young woman who was jogging with her headphones and apparently didn't hear them. They grabbed her and immediately handcuffed her. When she couldn't produce identification, she was arrested.  Who jogs with state-issued identification? Live Leak user "Oneirishman" picked up his camera and began filming. His eyewitness account, posted at Live Leak:
Sitting at Starbucks, on the corner of 24th and San Antonio, I noticed a particularly odd situation.Two Austin Police Officers standing outside the Castilian just lingering. Every time I looked back there was a different student holding a carbon copy of what looked to be a jay walking citation. Suddenly one of the cops shouts at an innocent girl jogging with her headphones on through West Campus. He wobbled after her and grabbed her by the arm. Startled and not knowing it was a cop, she jerked her arm away. The cop viewed this as resisting arrest and proceeded to grab both arms tightly, placing her in handcuffs. She repeatedly pleaded with them saying that she was just exercising and to let her go. She repeatedly cried out, "I did not do anything wrong…just give me the ticket." The other officer strolled over and not they where making a scene. She tried to get up. I doubt she was running away, as she was in handcuffs, but the second cop pushed her back down to the ground. Because of the commotion, they walked her to the cop car in the alleyway next to the Big Bite, where she, overcome with frustration, yelled loudly to gain attention. Because of that, the cops tightened their grip causing her to squirm and kick. Then came two bike cops from down the alley. Now we have four cops and one small, helpless girl in the back of a cop car, because she was just going for a run.
Video of the arrest:

From the Daily Texan Online:

City police officers arrested a woman around 10:45 a.m. Thursday for failing to provide identification after she was stopped near the intersection of 24th and San Antonio, outside Big Bite Pizza & Grill.

Advertising senior Chris Quintero, who witnessed the arrest, said Austin Police Department officers were working at the intersection when the woman jogged across
the block.

“I was sitting at the Starbucks at 24th and San Antonio,” Quintero said. “Then I hear a cop shout at an innocent girl jogging through West Campus with her headphones on.”
When the woman did not stop, the officer grabbed her by the arm and quickly placed her in handcuffs, Quintero said.

“She repeatedly pleaded with them, saying that she was just exercising and to let her go,” Quintero said.

For more discussion, see the diary from Daily Kos user old mark.

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Comment Preferences

  •  Thanks for mentioning that she was jaywalking (1+ / 1-)
    Recommended by:
    Hidden by:

    which, believe it or not, is a crime. When she was approached by the cops, she attempted to flee. So she was arrested. This is what happens when police observe you committing a crime and you don't have any ID on you. I imagine that the jaywalking would normally rate a ticket, IF THEY KNEW WHO TO MAKE THE TICKET OUT TO.

    Folks in the other diary are making it sound like she was kidnapped by the Gestapo.

    •  Thanks obedient person. I guess you nor the cops (29+ / 0-)

      thought about her not hearing them and the fact they charged her with resisting arrest for trying to freaking stand the F up. Just be their little punk. She was surprised, because she didn't hear them and probably didn't know who the hell they were. I guess someone suddenly grabs your arm, you wood stand their like a statue, or would you try to run or fight. Flight or fight is a human reaction.

      •  Yawn. (2+ / 0-)
        Recommended by:
        BlackSheep1, fcvaguy

        If the best ya got is personal insults, that doesn't say much about your position, does it?

        •  I don't carry any ID when I walk the dogs--and (8+ / 0-)

          because one of them is a goofy dog who still hasn't figured out that people with strollers, walkers, big packages, etc. aren't dangerous cyborgs, I often cross the street or step out into the street (carefully) in way that is jay-walking.  

          If a cop tried to give me a ticket, goofy dog (all 16 pounds) would carry on so that he'd be in danger of getting shot in Texas.

          I jay-walked one day when goofy dog was doing his "I'll tear you to pieces" act to two young cops who had stopped to talk.  One of them looked at him and said, mildly "Take it easy, Killer."

          "Stand your ground" laws promote aggression rather than discretion."

          by Mayfly on Fri Feb 21, 2014 at 12:23:17 PM PST

          [ Parent ]

          •  For the umpteenth time (8+ / 0-)

            You don't have to carry ID. There's no law that requires that, despite the claim made by this and the other linked diary.

            You do have to give your name, address and birthdate to the police, though. That's not exactly the same thing as having to produce  your government issued ID or be arrested, though.

            •  You know it. I know it. But do all cops know it? (3+ / 0-)
              Recommended by:
              aratinga, Lashe, Lonesome Jeff

              Once I got a ticket in a tiny town. When the cop saw my driver's license had a organ donor permission stamp on it, he added the charge of illegally defacing a state driver's license.

              My explanations just made him more suspicious.  Of course, it all got straightened out later, but still.

              "Stand your ground" laws promote aggression rather than discretion."

              by Mayfly on Fri Feb 21, 2014 at 04:24:07 PM PST

              [ Parent ]

            •  You are correct, and police are allowed some... (1+ / 0-)
              Recommended by:

              discretion and do not have to act like Ukrainian thug police because a person jaywalks (such a horrible crime perhaps we should whip the violators or cane them like in Indonesia).  More and more people in the U.S. fear the police because you never know when one of them will snap and beat the Cr$* out of you because they think (often wrongly) you have not complied fast enough with their orders.  Personally I avoid any contact or try to stay out of proximity of police because I might appear suspicious or my papers might mot be in order, and my hearing is not great so I might not hear an order to grovel.

          •  Whew! (0+ / 0-)

            With all the stories about cops shooting dogs, even restrained ones, I was very afraid your story wasn't going to end well!

        •  Hey, Yawn... (23+ / 0-)

          I was a public safety professional for over 30 years. I am going to assess this incident based on the information here on Kos.

          Yes, jaywalking is a violation, usually of the motor vehicle code. However, 25-30 years ago this would have been handled far differently. You would issue a citation - period. Whether or not she had an ID on her would have been a non-issue. If she did not, you asked her for her name and address. If she looked trustworthy, you trusted her. You would recognize the difference between a jaywalker and a bank robber, and handled her accordingly. You most likely would have recognized her actions as the non-threatening accidental motions of a startled person. You would not have cuffed her nor slammed her to the pavement. Most likely, this would have been an ordinary citation, and it is likely that little or no "excitement" would have taken place.

          Using the excuses (and that is what they are) of the "war on drugs", "9-11 changed everything" (not really), and "officer safety", I have witnessed the militarization of America's police. You see a lot of officers patrolling in BDUs wearing baseball hats and combat boots with their weapon slung low like a Wild West gunfighter. The attitude of many officers today resembles that of an occupying army rather that the civilian law enforcers of a democratic republic. There is a near-total mistrust of any person they come in contact with, which leads to incidents like this. "Everyone is my enemy until proven otherwise."These officers in my opinion were lazy. Easier to haul her off to jail than to understand the true situation. Arrests made are the major factor in the officer's performance rating and bragging rights in the locker room. Whether the arrests result in conviction, acquittal or dropped charges, the arrest is all that matters. "It's the DA's problem now". The "crime" notwithstanding, I'm sure that there were bigger threats to the city of Austin where these officers could be employed.

          If officers feel that acting courteously with a understanding of the situation endangers their safety, they should look for a different career. This has to be one of the lowest-risk and easiest assignments in the Austin PD.  Besides, one assumes that police work involves a level of risk when one pins on the badge. This was a "non-risk" civilian-police encounter.

          "Papers, please". That belongs in old German WWII movies, not in a democratic republic like ours.

          And I did not call you one insulting name.

          •  You forgot to mention hubris. (3+ / 0-)
            Recommended by:
            salliezoo, chrisculpepper, dalef77

            These cops and this incident personify that unfortunate trait.

          •  Police arrest jaywalker (1+ / 0-)
            Recommended by:

            Thank you for a cogent, thoughtful reply. I understand that officers may feel threatened, but this seems ridiculous. Texas police seem to be morphing into jackbooted thugs if the media reports are accurate. I realize that not all officers are like this, but the prevailing  atmosphere of this behavior Texas is alarming.

          •  THANK YOU firediva. (3+ / 0-)
            Recommended by:
            dalef77, rhoneyman, reasonshouldrule

            Especially for this, coming from a 30 year law enforcement professional.

            "Using the excuses (and that is what they are) of the "war on drugs", "9-11 changed everything" (not really), and "officer safety", I have witnessed the militarization of America's police. You see a lot of officers patrolling in BDUs wearing baseball hats and combat boots with their weapon slung low like a Wild West gunfighter. The attitude of many officers today resembles that of an occupying army rather that the civilian law enforcers of a democratic republic. There is a near-total mistrust of any person they come in contact with, which leads to incidents like this. "Everyone is my enemy until proven otherwise.""

            "Papers please" also belongs in Stalin's Russia, and Communist East Germany.  Not here.

          •  Thank you, firediva. (4+ / 0-)

            My father was a cop from 1943-63.  He used to be a bouncer at a tough bar off duty, and when someone tried to fight him he'd put them in a headlock, not shoot him.  I can't imagine he'd ever shoot a teenager that opened the door with a toy (a Wii controller) in his hand, as recently happened in Georgia.

            One of the items I found inside his police hat was a pamphlet put out by the Minneapolis police dept. that urged police to treat minorities with respect, describing different situations and how to peacefully react.  How times have changed.

          •  Texs cops (2+ / 0-)
            Recommended by:
            rhoneyman, reasonshouldrule

            All Texas cops eat ---t and bark at the moon.  In fact the entire state is worth avoiding.  

          •  excellent point (1+ / 0-)
            Recommended by:

            ''everyone is my enemy until... etc'' is indeed the salient issue here. This is diametrically opposed to what MUST happen in a civil society .. if it is to REMAIN civil. // I would add that this is about the TENTH article with Texas as the location of some kind of increasingly out-of-control actions on the part of those entrusted with the welfare of civilians .. it seems that some very serious 're-grooving' is in order here.

        •  This is NOT Nazi Germany no matter how much (9+ / 0-)

          republicans try to make it so. You are not required to 'show your papers. Let's see how much you yawn when they make something up to haul you in for... those for profit prisons don't fill themselves you know.

        •  OC quite effectively stated why (9+ / 0-)

          the police might have used a little judgment and that they failed to do so. Police in a university town might reasonably know that joggers don't routinely carry photo ID, that young people listen to music on headphones at volumes that exclude other sounds (no, they shouldn't do that), and that young women in particular are generally well advised to pull away from anyone grabbing them from behind. Presumably they did know all that but decided the young lady needed to be taught some respect for authority.
          The point is not that no crime was committed; it is that this is yet another (admittedly minor) example of  the authoritarian thug mentality in those who "serve and protect."

          "Think of something to make the ridiculous look ridiculous." -- Molly Ivins

          by dumpster on Fri Feb 21, 2014 at 04:24:27 PM PST

          [ Parent ]

          •  Not so sure this (1+ / 0-)
            Recommended by:

            was "minor". I am a woman and know that if I had an experience like this I would hesitate to even go to the police if I needed them. The whole thing was traumatic and will leave a scar emotionally. It was handled very badly, to say the least.

        •  Well... (8+ / 0-)

          If you think we need to always carry our "papers" you must be a nazi. Get out, we don't want people like you screwing up the country.
          We are still a free country and until that changes, these arrests are unconstitutional. I hope she sues to hell out of them.

        •  OK, the best (0+ / 0-)

          Since when is a person arrested and taken to the police station for a summary offense?
          Not in any state of this once great nation was that a normal thing to do, in particular at a college campus intersection where students exercise.

          If this is what we can expect of our police, we need far, far, far less police and let the citizens handle the crime themselves.

        •  Yawn? (0+ / 0-)

          Maybe you, remembering jello, didn't read organized crime's post.  He/she had several points that seem pretty logical in it besides his/her remarks about your point of view.  He/she does have a reasonable position.  

        •  Wizard of Oz (0+ / 0-)

          That was not "the best" they had. They said far more, but instead of addressing it, you hide behind the smokescreen of feign offense to ad hominem so as not to have to address being called to for your sycophancy.
          You're not fooling anyone.

      •  Flight or fight may be nature's reaction to bears (12+ / 0-)

        ...and normal dangers in the jungle of life but cops - most especially stupid cops demonstrating poor judgement by stopping a jay walker and letting it escalate - necessitate deference to the gun and the badge - obey, submit, and sue their asses later or you may not survive the encounter.

        What I find inexcusable, and very odd as a NY'er,  is that the onlookers stayed so politely far away merely taking pics. Had they closed in to hover and witness perhaps their presence could have deterred the cops from

      •  Typical of Texas Police (17+ / 0-)

        I live in Round Rock, which is just outside Austin, and was sitting in my car, in my neighborhood, talking to a man who had just delivered my vehicle to me by auto transport.   A Williamson County cop pulled up behind us, demanded my ID, not the ID of the man I was talking to.  He refused to look at the paperwork I was signing to take possession of my car, and ordered the truck driver out of my car and told him to leave.  The auto transport driver got out of my car but rather than leave, he stood next to his truck.  

        The cop took my driver's license and took over 20 minutes before he came back to tell me I could leave.  As he was walking back to his vehicle, I had to ask him for my license which he apparently was going to keep.  He walked back and reluctantly gave it to me.  The truck driver was there through the entire thing.  He was a white man from VA who said he had heard about this type of thing but never believed police stopped people without a reason.  I guess instead of driving while black mine was a case of sitting in your car while black.

        The truck driver and his wife called me for several weeks after that to make sure that the cop did not contact me as they were concerned he might.  Had that man left, I can only imagine what that cop would have done to me.

      •  Someone's enjoying themselves. (3+ / 0-)
        Recommended by:
        HeyMikey, Woody, kayatz3


        Your black cards can make you money, so you hide them when you're able; in the land of milk and honey, you must put them on the table - Steely Dan

        by OrdinaryIowan on Fri Feb 21, 2014 at 01:18:29 PM PST

        [ Parent ]

      •  Did they charge her with resisting arrest? (0+ / 0-)

        If you have any support for that claim, please show it.

        We've had more than enough unsubstantiated claims on this subject.

      •  Jaywalking jogger in Texas (0+ / 0-)

        Just a thought here.

        Who else but some kind of total moron blocks out the outside world when they are outside?
        New Jersey passed legislation making texting illegal while walking because so many people were being run down while texting and walking.

        Just how stupid is that? Criminals also prey more on those wearing headphones because the victims have no clue what is going on around them.

        See a trend here?

        So oblivious jogger girl jaywalks in plain sight of police officers, still oblivious, and is only brought back to reality by the cop grabbing her arm, a reasonable action if you, a cop, are being ignored. The rest is videotaped history.

        You play, you pay.

        The moral of this story boys and girls is not to jaywalk in plain sight of police officers wearing headphones playing music so loud you cannot hear anything else.

        •  Kronge (0+ / 0-)

          Have you ever jogged?  Or taken long walks?  Many, many people listen to music while they run or walk, and really, they aren't "morons."  You have a point about being oblivious to what's going on, but your attitude suggests you could be one of those thuggy cops who love to show who's the boss.

    •  Hey... (7+ / 0-)

      Maybe they should have arrested her for breathing as well?  Since when does ANYONE get arrested for jaywalking.  It's an abuse of authority and that is a primary reason that plenty of people remain skeptical of police officers.  While most of them are good civil servants, too many of them forget who pays their salaries and have Rambo syndrome.  

      When I do good, I feel good. When I do bad, I feel bad. That is my religion. - Abraham Lincoln

      by EntrWriter on Fri Feb 21, 2014 at 09:18:15 AM PST

      [ Parent ]

    •  Your civic virtue has been duly noted (7+ / 0-)

      Keep up the good work citizen!

      If the pilot's good, see, I mean if he's reeeally sharp, he can barrel that baby in so low... oh you oughta see it sometime. It's a sight. A big plane like a '52... varrrooom! Its jet exhaust... frying chickens in the barnyard!

      by Major Kong on Fri Feb 21, 2014 at 09:42:57 AM PST

      [ Parent ]

    •  Jaywalking is a crime almost unique to the USA (17+ / 0-)

      Pushed by interests with money, to attempt making more money, as usual:

      Jaywalking: How the car industry outlawed crossing the road
      By Aidan Lewis

      . . .

      A key moment, says Norton, was a petition signed by 42,000 people in Cincinnati in 1923 to limit the speed of cars mechanically to 25mph (40kph). Though the petition failed, an alarmed auto industry scrambled to shift the blame for pedestrian casualties from drivers to walkers.

      Local car firms got boy scouts to hand out cards to pedestrians explaining jaywalking. "These kids would be posted on sidewalks and when they saw someone starting to jaywalk they'd hand them one of these cards," says Norton. "It would tell them that it was dangerous and old fashioned and that it's a new era and we can't cross streets that way."

      . . .

      "The newspaper coverage quite suddenly changes, so that in 1923 they're all blaming the drivers, and by late 1924 they're all blaming jaywalking," Norton says.

      . . .

      Meanwhile, an overriding goal of city planners and engineers became allowing traffic to circulate unhindered.

      . . .

      Seattle was known for being especially strict on jaywalking, and Moffat calculated that some 500,000 tickets had been issued there between the 1930s and the 1980s. But he oversaw a change of policy in 1988 after a study in the city showed that the most vulnerable pedestrians were the elderly, children and drunks - not jaywalkers. "Are they the ones ending up in the morgue or in hospital?" he says. "The answer is no, and the reason is that most of them are pretty fleet of foot and agile."

      "So, please stay where you are. Don't move and don't panic. Don't take off your shoes! Jobs is on the way."

      by wader on Fri Feb 21, 2014 at 09:56:40 AM PST

      [ Parent ]

    •  Them police! (3+ / 0-)
      Recommended by:
      Lava20, JayyVee, mcstowy

      They are SO just doing their job!

      Listen, fuck off, whoever you are.  You haven't - and will never have - a clue.  You'll end up like the prisoner played by Michael Palin in "Life of Brian," praising brutality unmindful that no one, even your abusers, give a shit about what you think.

      Again - and I don't generally do this - fuck off.

    •  actually, neither narrative said anything about (5+ / 0-)

      her jaywalking.  They both said she was jogging "through West Campus" and got stopped when she didn't heed one cop's shout to stop.

      You were in the Junior Spies growing up, right?

      "Woe to those who make unjust laws,
    to those who issue oppressive decrees, to deprive the poor of their rights
    and withhold justice from the oppressed of my people, 
making widows their prey
    and robbing the fatherless."

      by Snarky McAngus on Fri Feb 21, 2014 at 10:39:16 AM PST

      [ Parent ]

      •  An educational experience (2+ / 0-)
        Recommended by:
        Snarky McAngus, aratinga

        It was a teaching moment, as they say. The young student learned that being white is not enuff to protect citizens like her from the police. I'm sure she is still in a state of amazement.

        Good that she learns her lesson now better to protect herself in the future. And that naive notion she screamed, "I didn't do anything wrong!", forget that. It matters not to the cops.

    •  And, actually when the cop grabbed her arm (4+ / 0-)
      Recommended by:
      IreGyre, JayyVee, Mayfly, kayatz3

      unexpectedly she attempted to pull it away, not knowing it was a cop who'd grabbed her.

      Where are you getting your version of events?

      "Woe to those who make unjust laws,
    to those who issue oppressive decrees, to deprive the poor of their rights
    and withhold justice from the oppressed of my people, 
making widows their prey
    and robbing the fatherless."

      by Snarky McAngus on Fri Feb 21, 2014 at 10:41:15 AM PST

      [ Parent ]

    •  An 'infraction', not even a misdemeanor, let alone (6+ / 0-)

      a crime.

    •  You must be a man. Try being a woman jogging. (26+ / 0-)

      If a man grabs your arm, you're not thinking "Oh, that must be Mr. Policeman. I must have jaywalked. Dummy me!" You're wondering if your body will wind up in a dumpster (with a couple of other girls your age) if you don't RESIST IMMEDIATELY.

      Lots of people bend the rules. Those Occupy troublemakers made it HARD for those wealthy pigs to get into their buildings. Or did you castigate them too?

      Thank God, the Bob Fosse Kid is here! - Colin Mochrie

      by gardnerhill on Fri Feb 21, 2014 at 11:07:06 AM PST

      [ Parent ]

      •  This (6+ / 0-)

        A thousand times this!

      •  at 10:45 in the morning (0+ / 0-)

        on a street with plenty of people around, and the cop is in uniform?

        I can believe that she didn't hear them calling out to her to stop, but not that she thought they were muggers or rapists. Sorry.

        •  Let me get this straight... (8+ / 0-)

          You are out walking, anywhere, at any time, in front of uniformed police or no.  Someone grabs your arm from behind.  Your immediate reaction is, "Oh!  That must be an officer of the law!  I will not be startled!  I will instantly let all of my muscles go slack and wait passively until this officer of the law gives me further instructions!"

          Me, I would jerk away and try to turn to assess the threat, or lack of one.  If I was a woman instead of a 6'6", 250-pound man, I might even go for the instep, crotch, or eyes first and apologize later.  There is no excuse for grabbing a stranger from behind, cop or no, and anyone who does this deserves the lumps they get.  Unfortunately, when the grabber is indeed a cop, this might lead to arrest, beatings, or death.  

          The cop is 100% in the wrong.  Period.  

          Odds and ends about life in Japan:

          by Hatrax on Fri Feb 21, 2014 at 03:49:26 PM PST

          [ Parent ]

          •  Well, look at it a moment from the cop's (0+ / 0-)

            perspective. The woman doesn't respond. She's running away. Maybe she didn't hear, or maybe she's trying to avoid getting a ticket. People do that, you know.  

            How do you get her attention if not by grabbing her arm?

            I will note that it probably didn't take too long for her to "assess the situation" once the cop grabbed her arm. She knew it was a cop by that point.

            •  grabbing her arm (0+ / 0-)

              I agree with Hatrax.  And even if the cop had to grab her arm, he did not have to charge her with "resisting arrest."  She couldn't have thought she was even under arrest, so why would she have "resisted"?  This is just another example of a cop wanting to show authority.  The cop was unreasonable, if the article here is correct in the facts.

            •  I don't need to look at it from the cop's (0+ / 0-)

              perspective--he's behaving in an incredibly unprofessional manner if he expects her to not be startled and not pull away/push him off.  Why should I be understanding about his lack of professionalism?

              It is not in the public interest for women who get grabbed to meekly immediately go slack like a rag doll when an unknown party grabs them -- indeed, women who have been raped have been castigated on the stand for "not fighting enough."

              This guy needs to either stop being a cop for the rest of his life or get a reprimand and some training on how to deal with the public.

            •  Hand on the shoulder. (1+ / 0-)
              Recommended by:

              It is less threatening than grabbing the arm.

              This doesn't sound like resisting arrest.  I don't believe even running from a citation is resisting arrest.  

        •  Cops rape and kill women. (9+ / 0-)

          One man in blue used his badge as a doe-hunting license along I-15 near San Diego; several young women did everything right to protect themselves their whole lives, and still wound up being murdered - by a cop.

          Women have been dragged into cars in broad daylight with plenty of witnesses around ("I thought she was just having a fight with her boyfriend, not my concern").

          There's a lovely sunny bike path near my house. A woman was raped and murdered on that path taking a lunchtime walk, just because some psychotic man was fucking BORED for 5 minutes.

          You Have No Idea.

          Thank God, the Bob Fosse Kid is here! - Colin Mochrie

          by gardnerhill on Fri Feb 21, 2014 at 06:42:41 PM PST

          [ Parent ]

        •  No AM Rapes? (9+ / 0-)

          She didn't see the person grabbing her, so she didn't see the uniform.

          You don't think women get raped in the morning, with people around on the street?

          You're not sorry. You're just lucky you don't have to actually deal with the reality of this situation.

          "When the going gets weird, the weird turn pro." - HST

          by DocGonzo on Fri Feb 21, 2014 at 07:30:22 PM PST

          [ Parent ]

    •  In Texas, the "police" (3+ / 0-)
      Recommended by:
      Cassandra2014, Woody, aratinga

      are worse than the Gestapo.  You type only encourages these thugs to  continue their violent behavior.  

    •  "Illegal immigration" hardliners argue like this. (2+ / 0-)
      Recommended by:
      Woody, gardnerhill

      "Entering the U.S. without the proper papers is, believe it or not, a crime, so . . ."

      The Dutch kids' chorus Kinderen voor Kinderen wishes all the world's children freedom from hunger, ignorance, and war. ♥ ♥ ♥ Forget Neo — The One is Minori Urakawa

      by lotlizard on Fri Feb 21, 2014 at 01:45:24 PM PST

      [ Parent ]

    •  letter and spirit of the law (2+ / 0-)
      Recommended by:
      Ahianne, aratinga

      A misdemeanor offense.  Just like  traffic citation where an arrest is not actually being made but a short detention to issue a citation.  They could have used the similar means to identify her then and there rather than arrest.

      The general statute: Police may briefly detain a person if they have reasonable suspicion that the person has committed, is committing, or is about to commit a crime.

      Using jaywalking as the "crime" for which they detain her for.  Ridiculous, and undermines the spirit of the law.

      The spirit of the law was to give police a means to detain to prevent potential serious criminal activity, or possibly question someone who is suspected of serious criminal activity.

      A more detailed statute:

      38.02. FAILURE TO IDENTIFY.  (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
          (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

      Yeah you are right, she's a hardened criminal that should be locked up.  /rolleyes.

    •  What a ridiculous comment (1+ / 0-)
      Recommended by:

      Apparently, you've never heard of police discretion

      In a time of universal deceit, telling the truth is a revolutionary act--Orwell

      by jhannon on Fri Feb 21, 2014 at 04:28:50 PM PST

      [ Parent ]

      •  And there is police indiscretion. (0+ / 0-)

        Protect and serve does not mean grabbing someone from behind and then being surprised by their startled reaction and cuffing them and laying them face down on the street. The more important concept is treating the public you serve with respect. I am glad that Austin is so crime free that police officers spend their day waiting for opportunity to ticket someone for jaywalking.

    •  Jaywalking is the act of CROSSING (6+ / 0-)

      a roadway against the light or not at a crosswalk.  Jogging is not jaywalking.

      No crime was committed. If I were her I would sue Austin for everything the traffic would bear.

    •  Jaywalking (2+ / 0-)
      Recommended by:
      chrisculpepper, Lonesome Jeff

      We all know what jaywalking is but thank you for showing us the common attitude about police assault is normal and to be accepted without question. you and your ilk are the reason that police brutality (not in this case)  is so prevalent. It is to be accepted as normal.

    •  yeah and cops ALWAYS arrest 4 every violation (3+ / 0-)

      Nobody disputes she broke some sort of MINOR law, the problem is it did NOT justify an arrest.

      That you can't see that is the problem.

    •  ACtually, it's not. (6+ / 0-)

      Unless Texas is really different, jaywalking is an infraction, just as most traffic violations are.  They do not include potential incarceration as a penalty and since a citizen is not legally required to carry ID when walking or jogging, the failure to produce ID cannot be considered criminal either.  There is no license required to walk down the street.

      This whole case will likely fall apart if they started by grabbing her, especially if she was wearing headphones or ear buds...because those are not illegal either yet could clearly prevent her from hearing any verbal request to stop or respond.

      From there on everything is illegal, and she can and rightly should sue for false imprisonment.  

    •  It's not a crime to be without ID. (3+ / 0-)

      I'll repeat that, because you don't seem to get it.

      It's not a crime to be without ID.

      And judging by the way she was roughed up by FOUR cops, she has a good case to sue the crap out of them.

    •  No Wall Street CEO's have been arrested (2+ / 0-)
      Recommended by:
      dalef77, SilentBrook

      for defrauding half the frigging world, yet a woman crosses the middle of a street while jogging, pulls away from a cop who grabs her (because she obviously didn't know who tried to grab her since she's listening to music at the time), and she's charged with "resisting arrest."

      Regarding the fact that she had no ID with her (while jogging!), Republicans used to say that one of the things that separated the U.S. from the Soviet Union was that we weren't required to carry ID papers everywhere we went.  I guess that's another thing that's changed over the years.

      BTW, since the cop saw her listening to music and it was obvious she didn't hear him, instead of grabbing her arm from behind he could have at least gotten in front of her so she would know he was a cop instead of a creep or potential rapist.  Then she wouldn't have "resisted arrest."

      I see the cops losing in court on this one, and perhaps even a lawsuit.  They should stick to arresting real criminals.

    •  Just remember, folks. (0+ / 0-)

      Open carry will save you!

      Or something.

      More seriously, welcome to the USSA, where if you do not have your travel papers when jogging, you get hauled off to the gulag.

    •  Jaywalking (0+ / 0-)

      Looks like she was.

    •  Attempted to flee? (0+ / 0-)

      Please read the story again. She did not hear them. She had headphones on. Would you still be saying that she deserved this treatment if she were deaf?

      When they grabbed her from behind, she did not know who had grabbed her and she responded as any woman would who was grabbed. What are you saying? That any woman who is grabbed should first make sure it isn't a police officer before she defends herself against an unknown assailant?

      As crimes go, jaywalking is a very low level offense. This reaction by the police was pure over-reaction.

      As for your dismissal of Organized Crime, I don't see anything in his/her reply as a "personal insult". The fact that you do tells me you are not listening and probably will continue to regard rebuttals as a personal attack.

    •  Must be nice to be so perfect (1+ / 0-)
      Recommended by:

      Jaywalking may be a crime, but it's not akin to shooting someone or breaking and entering. The excessive force used by the police was not necessary. The fact that she was wearing earphones and couldn't hear the police yelling at her should have been taken into consideration. Next time a police officer yells at you about something, let's hope you're able to hear them so you can be properly penitent as to avoid being grabbed, handcuffed and arrested. Carrying ID is not mandatory, by the way.

    •  Same thinking (0+ / 0-)

      She didn't hear them, and then someone unexpectedly grabs her arm.
      Isn't this the same thinking that lets cops beat up a deaf guy because he couldn't hear them screaming orders at him?  He tries to sign to them and it's interpreted as an assault.
      It isn't illegal not to carry ID, not even in TX.  And nowhere does it say she would not tell them her name.  They made it up just to arrest her.

    •  Jaywalking is not a crime (0+ / 0-)

      it's a traffic infraction.

    •  I live in Austin... (0+ / 0-)

      This girl is REALLY lucky she isn't black.  Here in Austin, they shoot blacks that don't happily comply.

      Leave it to the Austin cops to arrest a girl because they startled her when they grabbed her.

      But the lesson I learned long ago, no matter what, if a cop approaches you, you better grovel very quickly, or it can go very bad very quickly.  The cop might be having a bad day, and he has a gun...  Not someone to get into a tiff with.

    •  Um, no it's not (0+ / 0-)

      Jaywalking is NOT a crime, it is a regularity violation. There is a HUGE difference. In addition, neither is failure to carry ID, regardless of what you wold like to claim.

    •  Who are they serving? Who are they protecting? (0+ / 0-)

      What is the use of this action? Who was made safer? Even if they followed standard procedure, doesn't that just mean there is something ridiculously wrong with that procedure? With the laws that are meant to deal with recklessly walking onto roads for motor vehicles?

      Why would you want to defend this?

  •  Unbelievable. N/T (1+ / 0-)
    Recommended by:

    God used to be my co-pilot, but then we crashed in the mountains and I had to eat him.

    by Eagles92 on Fri Feb 21, 2014 at 08:59:17 AM PST

  •  Jay walking doesn't say jay jogging (3+ / 0-)
    Recommended by:
    mcstowy, Cassandra2014, Woody

    So they should quash the fine due to a technicality in the law. Best thing to do is totally shut down state legislatures, because all they do is go there and find more ways to relieve us of our money. Now if you try to stand up, it's resisting arrest, MORE MONEY. I guess the occupying force and revenue collectors, didn't care that she couldn't hear them. Anyone else think anyone should be talking about federal funds to hire more cops. Everytime i see a video of authority violating citizens rights, there are always many more cops than needed. We have too many block heads already

    •  Sorry but that's weak. I'd bet everything I (0+ / 0-)

      own that the actual statute doesn't use the phrase jay walking  and doesn't say anything about how fast anyone is moving.

      •  The Austin City Code refers to (1+ / 0-)
        Recommended by:

        Failure to yield right of way and there is that old chestnut, failure to obey a traffic control device. (See the PEST flyer linked below) However, a "virtual" crosswalk is created wherever two streets meet, and it looks like there is a traffic control device as well as several streets/alleys without TCDs.
        So the city may have to dismiss/apologize and hope it goes away.
        This is also the Austin Police Department that caused a riot at a kids' Valentine's Day party (cf. the 1995 "Cedar Street Incident") and where more than one officer used a badge to rape women (The guy in Manor who responded to a 911 call and came back to rape the complainant and the guy who pulled over DUIs and "closed" the case with sexual congress. Not all APD does that, but seriously, one is too many.)
        The Austin Police Monitor specifically recommended AGAINST arresting for jaywalking as an "inefficient use of department resources." Cf. around page 67 or so.
        Nice that the acronym for this program is PEST. and
        Some agencies just can't avoid generating bad press...

    •  Back in the old country, this was known as (0+ / 0-)

      … having too many Block-warte.

      We have too many block heads already

      The Dutch kids' chorus Kinderen voor Kinderen wishes all the world's children freedom from hunger, ignorance, and war. ♥ ♥ ♥ Forget Neo — The One is Minori Urakawa

      by lotlizard on Fri Feb 21, 2014 at 01:51:07 PM PST

      [ Parent ]

  •  Headphones (1+ / 0-)
    Recommended by:

    This is a great example of why you shouldn't have your headphones turned up so loud that you're unaware of what's going on around you. I disagree with the way the police handled the incident, but it seems she was in the wrong for jaywalking and exacerbated the problem by making the police chase her down because she didn't hear them. I don't know what the "carry I.D." law is in Texas; several of these have been struck down by the U.S. Supreme Court in the past. I wish this woman well and advise her to turn her headphones down in the future. The police need some training about appropriate levels of use of force. Why is that not surprising?

  •  anyone have her name? (0+ / 0-)

    she's gonna be a wealthy woman when the lawsuit settles. that makes her my kinda gal.

    •  Ausweis!!! (1+ / 0-)
      Recommended by:

      This from the folks who opposed "real ID cards".

      The idiocy is that if this jogger holds a "Green Card" she would be required to have it on her person.

      Land of the free and home of the brave.

    •  Apparently, she wouldn't give her name to police (1+ / 0-)
      Recommended by:

      Maybe she wouldn't give it to you, either.

      And, by the way, you don't get wealthy from simply being arrested and released.

      •  Ahhh! but you can get wealthy... (1+ / 0-)
        Recommended by:

        from application of excessive force. In the old days, force, even non-lethal force, was used as an absolute last resort. Officers were trained to make an assessment based on the violation, the situation, and the alleged violator. Back then, these officers might be taking three or so shifts off without pay for their mistakes. But today, it is a rare thing for a detention or arrest to be made without some application of force, even if the alleged offender is cooperating fully. And it is usually either excessive or unnecessary.

        I don't buy any of the excurses given to justify this behavior on the part of police. Yes, there is always some level of risk when making a citizen contact. But treating every contact you make like they are a drug kingpin or Osama bin Laden's sister/brother shows me that you the officer are doing a lousy job of situation assessment. That is a disservice to the citizens you swore to protect. Over time, this attitude will also eat away at you and can create psychological problems like chronic post-traumatic stress and/or difficulty in interpersonal relations with family and friends.

        College towns are a somewhat unique policing situations. One city I lived in hosts a major Eastern college with about 50,000 students and faculty in residence during times when class is in session. This city requires for police candidates a minimum of a Bachelor's degree in criminal justice, psychology, or a rated major just to sit for the civil service exam. The university public safety department requires the same for every university police officer they employ. This city has very few citizen complaints about police behavior, and hundreds of candidates apply to test for 2 or 3 vacancies. It's one of the safest cities in the state. I'm not stupid enough to think that the city of Austin, Texas (my emphasis) would consider such an "extreme" measure. The better educated the officers are, the less likely they are to make bad assessment and force application decisions.

        Things would improve if we could somehow prevent officers from watching these reality shows like "Cops", etc. Nearly every citizen-police conflict shown involves officers using force to subdue some suspect. In most cases shown, the force applied was justified. Perhaps experienced officers understand that this is an entertainment program, and that police work is much more about boredom than about physical altercations. But the "youngsters" that watch these shows start to believe that this is the way that every shift goes, and that the application of force to citizens is the norm, rather than the exception. When they come on the job, their instructors in the Academy have for the most part bought into the same nonsense, and will reinforce the notion that their safety (and their job performance) absolutely depends on approaching every citizen contact with suspicion and by exerting their authority in a forceful, visible manner. The textbooks call that "controlling the scene". That is important at a serious incident, but unnecessary in a jaywalker/officer contact. Those officers had all the scene control they needed.

        I fault the Austin Police Department management as much or more than the officers themselves. Department leadership maintains the corporate culture of the department. The corporate culture governs the mindset of the Department's supervisory officers and the rank-and-file. If senior leadership develops a sloppy or authoritarian culture, the rest of the department will be governed accordingly. If the senior leadership develops a culture of service, professionalism, and integrity, this is likewise the culture that will be adopted and displayed by the subordinates. In other words, if these officers did "it", then the Chief of Department likely would do the same under similar circumstances.

        That's my story and I'm sticking to it!

  •  in the tradition of Jerry Rubin and Roland Barthes (2+ / 0-)
    Recommended by:
    Cassandra2014, Woody

    jaywalking, not unlike skateboarding, is a crime of passion

    Warning - some snark may be above‽ (-9.50; -7.03)‽ eState4Column5©2013 "I’m not the strapping young Muslim socialist that I used to be" - Barack Obama 04/27/2013 (@eState4Column5).

    by annieli on Fri Feb 21, 2014 at 09:21:36 AM PST

  •  austin? (6+ / 0-)

    I thought Austin was one place in Texas it would still be safe to visit.  Guess not.

  •  I live in the jaywalking capital of America (4+ / 0-)
    Recommended by:
    wader, Mayfly, mcstowy, Woody

    NYC. Giuliani thought about cracking down on jaywalking and that is when we knew he needed to go.

    that street looks totally empty of traffic'
    if I were running I would not stop for no traffic but if in TX and you see cops then I guess you have to adjust for the wholes

    "The poor can never be made to suffer enough." Jimmy Breslin

    by merrywidow on Fri Feb 21, 2014 at 09:30:13 AM PST

  •  You are not required to have ID in Texas. (8+ / 0-)
    •  Apparently, if you're an Austin cop, (5+ / 0-)

      you're not required to have a brain either. Did she actually cross a street? The video doesn't document it, but even if she did, there clearly is no public safety concern in this lightly trafficked area. The whole deal is clearly nothing more than a harassment operation, which is exactly the kind of activity that leads citizens to offer a hearty "fuck you" to law enforcement personnel of all stripes.

      Your black cards can make you money, so you hide them when you're able; in the land of milk and honey, you must put them on the table - Steely Dan

      by OrdinaryIowan on Fri Feb 21, 2014 at 01:08:43 PM PST

      [ Parent ]

      •  Yes, she crossed a street (1+ / 0-)
        Recommended by:

        and apparently wasn't even aware of the light. The video doesn't start until after she was stopped by the cops, though.

        Maybe there wasn't a lot of traffic when she jaywalked here, but maybe she wouldn't be so lucky next time. Next time, instead of being stopped by a cop, she might be stopped by the front fender of a SUV. Then she won't be going to jail, she'll be going to the ER.

        I'm going to go out on a limb here and say this particular young woman probably won't be jaywalking again.

        •  She might not be going outside again (1+ / 0-)
          Recommended by:

          after the trauma of going out for a peaceful jog and then being chased, manhandled, and arrested for doing basically nothing.  How about the cops use some common sense?  How about they use all that weapons training and door-kicking time to gain a set of basic observation skills, like seeing earphone cords trailing out of her ears?  

          Next time I'm in Austin, I hope I don't accidentally drop a gum wrapper on the sidewalk.  Next thing I know, I'll be eating pavement with a boot on my neck and a helicopter overhead.  Them litterers might be dangerous criminals, ya know.    

          Odds and ends about life in Japan:

          by Hatrax on Fri Feb 21, 2014 at 03:57:14 PM PST

          [ Parent ]

        •  Nor voting for any police bonds (1+ / 0-)
          Recommended by:

          I mean, seriously, is this how the department means to reach out to the community?

  •  The Great State of Texas (3+ / 0-)
    Recommended by:
    IreGyre, OldDragon, OrdinaryIowan

    I support cops but stupid cops? And its the south. My guess is they were debating using their guns as well. Powerful weapons in the hands of fools. Thats our America today.

  •  Can't help wonder if this has anything to do (8+ / 0-)

    with Texas women speaking their minds and about to speak with their votes… Shit rolls downhill and some of them Texas boys might be are running a little scared about these boldwomen. Arrest them all, I say!

    "In this world, hate has never yet dispelled hate. Only love can dispel hate." ~ Buddha

    by Leslie Salzillo on Fri Feb 21, 2014 at 10:25:36 AM PST

  •  No fucking idea why (2+ / 0-)
    Recommended by:
    OldDragon, Woody

    it takes so many cops to handle a helpless female. I even question why they are going through all the effort.  So uptight over nothing.

    If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter. -George Washington

    by Tank Mountaine on Fri Feb 21, 2014 at 10:53:37 AM PST

  •  Are you required to have ID or are you (4+ / 0-)
    Recommended by:
    IreGyre, OrdinaryIowan, Ahianne, Woody

    just required to give your name and address to the police?  Seriously, being stopped and asked for you papers and then arrested for not having them is ridiculous.  

    Resisting arrest: a common add-on by cops that can be and is used when a citizen just asks a question about being stopped.  

    I'm at the point of fearing being stopped by cops as much as running into a street thug.  At least with a thug I can retreat or fight back, a cop can arrest you at his/her whim.  "Serve and Protect" should be replaced with 'intimidate and arrest."  The photographer in this incident is lucky to still have his camera.  

    "The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it." Albert Einstein

    by sfcouple on Fri Feb 21, 2014 at 10:57:08 AM PST

  •  Jayjogging? (3+ / 0-)
    Recommended by:
    JayyVee, OrdinaryIowan, Woody

    It just goes to show, that even in the (somewhat) liberal enclave of Austin, TX there are still more than enough idiots in positions of authority.
    "I've got a badge and you better heed me. Or Else!"

  •  I imagine charges will be dropped soon. (1+ / 0-)
    Recommended by:

    Forgive me for being a little cynical if I believe the only real reason this made the news is it involves a pretty white girl.

    •  how do you know she was pretty? (1+ / 0-)
      Recommended by:

      Because she was jogging?  Is it illegal for ugly people to jog now?  What is the world coming to?

      •  her photo's all over the Web (1+ / 0-)
        Recommended by:

        LBJ, Van Cliburn, Ike, Wendy Davis, Lady Bird, Ann Richards, Barbara Jordan, Molly Ivins, Sully Sullenburger, Drew Brees: Texas is NO Bush League!

        by BlackSheep1 on Fri Feb 21, 2014 at 01:06:22 PM PST

        [ Parent ]

        •  she's blonde... that's all it takes to make pretty (1+ / 0-)
          Recommended by:

          "real" work : a job where you wash your hands BEFORE you use the bathroom...

          by chimene on Fri Feb 21, 2014 at 02:27:52 PM PST

          [ Parent ]

          •  Is it necessary I rate her 1-10 for this? [n/t] (0+ / 0-)
          •  she's fit; the hair & skintone suggest Caucasian (0+ / 0-)

            the clothes suggest student, the headphones suggest oblivious to traffic ... if the purpose was to stop people behaving in an unsafe manner, maybe the stop (& if she were jaywalking, certainly she's breaking a law) is justified.

            LBJ, Van Cliburn, Ike, Wendy Davis, Lady Bird, Ann Richards, Barbara Jordan, Molly Ivins, Sully Sullenburger, Drew Brees: Texas is NO Bush League!

            by BlackSheep1 on Fri Feb 21, 2014 at 03:24:17 PM PST

            [ Parent ]

            •  You're right. From now on, (0+ / 0-)

              people unsafely crossing the street will be grabbed, tackled, and arrested by four police officers per one offender.  That'll teach them!  

              Odds and ends about life in Japan:

              by Hatrax on Fri Feb 21, 2014 at 03:59:31 PM PST

              [ Parent ]

              •  how about we admit that headphones (0+ / 0-)

                and obliviousness are a hazard to other people whether used to insulate a driver or a pedestrian from surroundings?

                I have commented several times to the effect that these cops went way too far.

                But the notion that the runner did nothing wrong is inaccurate.

                LBJ, Van Cliburn, Ike, Wendy Davis, Lady Bird, Ann Richards, Barbara Jordan, Molly Ivins, Sully Sullenburger, Drew Brees: Texas is NO Bush League!

                by BlackSheep1 on Fri Feb 21, 2014 at 04:14:24 PM PST

                [ Parent ]

                •  How about we admit that deaf people (2+ / 0-)
                  Recommended by:
                  Shasta, chimene

                  are thus also a hazard to themselves?  Make 'em all stay inside.  The blind also, since they won't be able to see a properly-displayed badge.  
                  I mean, really!  Why expect the cops to react sensitively and humanely to the people they're supposed to protect and serve?  Just assume everyone is a criminal who needs to prove their innocence instead.  If they make a mistake, like jogging with headphones, then they must have nefarious reasons for doing so.  Better check their papers.

                  Odds and ends about life in Japan:

                  by Hatrax on Fri Feb 21, 2014 at 04:46:56 PM PST

                  [ Parent ]

                  •  So you're cool with text & drive? (0+ / 0-)

                    It's the same thing: distracted travel.

                    LBJ, Van Cliburn, Ike, Wendy Davis, Lady Bird, Ann Richards, Barbara Jordan, Molly Ivins, Sully Sullenburger, Drew Brees: Texas is NO Bush League!

                    by BlackSheep1 on Fri Feb 21, 2014 at 09:09:32 PM PST

                    [ Parent ]

                    •  Jogging, unlike driving, never kills other people (2+ / 0-)
                      Recommended by:
                      Lonesome Jeff, SilentBrook

                      Don't be an idiot. Texting while driving is dangerous to ME, the other person who is using the street. You plowing your 2 ton murder weapon into me because you're driving distracted means I'm dead. But nobody ever killed another person with distracted jogging. What, you think this woman is such a bad jogger that somehow she's going to kill other people with her jogging? SHEESH!

                      [Extremists] are motivated by the sneaking suspicion that someone, somewhere, is having fun -- and that this must be stopped. -- H. L. Mencken

                      by badtux on Sat Feb 22, 2014 at 05:46:18 PM PST

                      [ Parent ]

                •  good view of the other side here (1+ / 0-)
                  Recommended by:


                  As always it's hard to say, we weren't there, but hearing the other side of the story I can well imagine.

                  “Conservation… is a positive exercise of skill and insight, not merely a negative exercise of abstinence and caution…” Aldo Leopold

                  by ban nock on Fri Feb 21, 2014 at 05:11:01 PM PST

                  [ Parent ]

                  •  "good view of the other side here" (0+ / 0-)

                    Actually, what we get from the link you provided is the police trying to make themselves look good, while the witness contradicts what the police assert.

                    And one of the cops says that it was a good thing he wasn't there, because he would have arrested her for resisting arrest.  What an asshole.  Or rather, a thug with a shiny badge on his chest.

        •  "her photo's all over the Web" (0+ / 0-)

          Jesus, look at those two goobers.  Eat much?

    •  Agreed. They stupidly did this to a WHITE woman. (1+ / 0-)
      Recommended by:
      Lonesome Jeff

      They're clearly used to no one caring about them abusing other (darker) citizens in the same manner.

      They've got a point. How many outraged Kossacks never noticed that the cops treated young white Occupy protestors exactly the way they've treated POC for decades?

      Thank God, the Bob Fosse Kid is here! - Colin Mochrie

      by gardnerhill on Sat Feb 22, 2014 at 02:24:09 PM PST

      [ Parent ]

    •  It looks like Officers Dunkin' and Winchell (0+ / 0-)

      are doing the arresting. I don't mean to fat shame, but that photo makes the APD team look even worse.

  •  Texas joggers and Texas guns (1+ / 0-)
    Recommended by:

    Rick Perry, the State Legislature, and gun advocates all cry out for all people to be armed with deadly force.  I am confident that many are frustrated that the joggers were not well prepared and armed.  If the joggers were armed they could have rightfully executed the pigs who stopped them in their peaceful endeavor and rid the city of Austin of the worse of its people: the two thugs who accosted the women.

  •  while we're wandering off-subject (1+ / 0-)
    Recommended by:

    it might have been the steady camerawork that attracted the the big guns of college journalism.

  •  About her not hearing the cops... (3+ / 0-)
    Recommended by:
    chimene, elmo, catilinus

    As a woman jogger I NEVER block both my ears ..not even comfortable seeing a man do that.I NEED to hear what's going on around me just for the resons brought up in this article..not that the police were trying to stop her..but that one got SO close to her...HAD to TOUCH her to get her to respond..and then she flipped out.All to be expected but what if this had been a person who REALLY wanted to harm her?STUPID on her part..and she ended up putting herself through a lot of hoohaw that she could have avoided by keeping ONE ear unblocked..or better..she could have followed the rules.Turned into a clusterflock but it was largely due to HER mistakes.When I jog I ALSO carry ID...really dumb not to..what if you get hurt..or hit by a car?I don't LOVE the police response..but I like even less that this woman did what SHE did.On issues..they're pretty much a draw...

  •  Just some Austin geography (1+ / 0-)
    Recommended by:

    from someone who lived in the Castilian for one school year and within a mile of that intersection (24th and San Antonio) for over a decade (1980-1993)...

    This is not downtown Austin. This is the West Campus neighborhood, which is a couple miles north of Austin's downtown. It's an area populated mostly by students at the University of Texas, plus a smattering of others.

    As for jaywalking, I never saw anyone arrested for it in my years there (most of them on foot without a car), but, it should be noted, personal headphones were not a common item back in the day.

  •  where I live (0+ / 0-)

    If you are standing on the corner of an intersection and do not simply step out into the traffic you can be ticketed.

    That's because pedestrians have the right of way. Some old lady in an automobile snarled that bit of information at me while I was standing on a street corner.  I wasn't even planning to cross I wanted to take some photographs and the corner was the best vantage.

    As far as crossing goes I like to wait until the street is clear and often will stand back from the corner just to do so.  I do not trust the judgment of someone driving a ton of metal and I know what will happen to my 150 lb frame if I am contacted by that ton of metal going 30 mph or faster.

    "I saw the best minds of my generation destroyed by madness," Allen Ginsberg

    by Hermenutic on Sat Feb 22, 2014 at 12:04:12 PM PST

  •  AND IT CONTINUES (1+ / 0-)
    Recommended by:
    Lonesome Jeff

    Why would anyone want to live in Texas? It's bad enough that Reverend Rick and his Christian Taliban have taken over the legislature.

  •  24th and San Antonio (0+ / 0-)

    Is not downtown. It's campus.

  •  All male police trained to freely frisk females (1+ / 0-)
    Recommended by:
    Lonesome Jeff

    Much more worrisome is that she could have been  -- supposedly legally -- sexually battered -- and perhaps she was later on.

    Every male officer in this country is trained that "frisking a woman is just like frisking a man."  They are taught that even if a female partner just wants to finish her coffee the male officer may (typically) feel perfectly free to grope her hips and legs and to lift her breasts with the heel of his hand (typically under local policy -- but nothing is actually illegal as far as they are taught).

    Three videos of females being groped: (groping begins at 12 minutes -- takes a long time to load)

    A female TV reporter allows herself to be groped (notice double check of her legs):

    They even practice teen boys groping teen girl police cadets (presumably over 18):

    Guess what?  At the TSA cross-gender groping is the letter of the law -- once you enter the search area you may not leave without being frisked is directed, no matter what gender agents are on duty -- theoretically at least:

    It is about time our progressive press dug into this unbelievable but seemingly routinized police sexual abuse.

  •  Too Many Police (1+ / 0-)
    Recommended by:
    Lonesome Jeff

    I live in Austin. This is purely my observation, but it seems to me that we have far too many police officers, each with nothing to do.  The primary responsibility of the police force in Austin suburbs appears to be to raise revenue by giving $175 tickets to drivers with expired safety inspections on their vehicles.  Apparently around campus, where students don't have cars, they've resorted to jaywalking tickets.  In other parts of town, the police specialize in shooting people of color so they can ask the corpse some questions.

    50 years ago, this would have been "alarming." Now that police forces are in fact highly militarized machines, it's damned scary.  

  •  Austin Brownshirts (0+ / 0-)

    I have looked, unsuccessfully, for any physical description of the woman jogger. Hair/eye color? Complexion?

  •  ID arrest (2+ / 0-)
    Recommended by:
    BeninSC, Lonesome Jeff

    so I guess you can be arrested at any pool or beach when you don't have your ID with you.  They'll have to build more jails.

  •  Correlation is not Causation (0+ / 0-)

    Interesting headline "An Austin, Texas woman was arrested for jaywalking while jogging, not having I.D."

    As a friend posted on my blog:
    "Correlation, tiresomely, once again refuses to imply causation, even when you ask it nicely."

    It is not clear at all that not having an ID or jaywalking was what caused the arrest although she was arrested after she did those things.  The article said she refused to identify herself.  It was not clear exactly what form that refusal took.  She could scream as much as  she wanted that she didn't do anything, but that does not mean she didn't do anything.

    Did neither her parents nor her education tell her that screaming at someone with the authority to arrest you is not the smartest move you can make?  If you are going to be arrested, resisting said arrest only adds to the problem.

    If you are going to go off on a rant about a news story, please try to make sure it is a story worthy of a rant.

  •  My $.02, as a parent of two female students at the (0+ / 0-)

    University of Texas.  One of my daughters is a jogger, and also lives about a block from where this happened.  She's in her third year in Austin, and prior to this we haven't really heard of students having problems with police.  There are also a number of homeless people who frequent the Drag, which is one street over from the Starbucks.  As far as I know, the cops mostly leave both students and homeless folks alone.  My daughter has been walking home late at night with a group of drunk & disorderly students (not her, I'm certain ;-)) and again, never encountered police issues.  She was at a party at an apartment building that got busted, but the cops just told them to quiet down, and to keep the smell of weed INSIDE the building.

    All anecdotal, I realize.  But it does sound as if these cops were major assholes and not typical of the cops who patrol campus.  This incident has gotten huge attention at U-T, and I'll be interested to hear the outcome.  It has had the unfortunate effect of making my daughters feel afraid of the police, though.

  •  When did it become... (3+ / 0-)

    ...a requirement to carry ID in this country, and when did not having ID become a cause for arrest? Those are Soviet Union ideas.

  •  Jaywalking (0+ / 0-)

    What a chaotic discussion!  The jogger jaywalked, a misdemeanor.  She refused to cooperate with the issuance of a ticket.  Worse, she commenced screaming and perhaps attempted to flee.  Police NEVER permit chaotic behavior.  Such behavior guarantees a trip to the station.  Every time.  Incidentally, the film was terrible.

    •  Failure to competently assess the scene (0+ / 0-)

      Even if these officers felt it necessary to take her "to the station" to quell her alleged "chaotic" behavior, the arrest technique used was probably inappropriate considering the situation. Officers used to control such a situation by detaining the alleged violator in a standing or sitting position and patiently waiting until she stopped her "chaotic" behavior. (they almost always do). At this time, the officers can apply handcuffs with the alleged violator in a standing position (especially if the "chaotic" behavior was primarily verbal). You slammed people to the ground only in cases of significant (or armed) resistance. Unfortunately, forcefully throwing a detainee on the ground and "piling on" regardless of the alleged offense or the detainee's behavior seems to be standard operating procedure in many cases.

      There's "attempting to flee" then there's attempting to flee. An officer in a properly trained and disciplined agency can tell the difference and adjust her/his detaining techniques accordingly.

      Your opinion is that "police NEVER permit chaotic behavior". Remember, some forms of "chaotic behavior" is Constitutionally protected. Officers in certain assignments routinely endure "chaotic" behavior. For example, if a traffic officer detained every motorist who freaked out and raised he** at her/him during a traffic stop, new jails would have to be built. Taking that kind of verbal abuse is part of the job. Or at least it used to be.

      Officers in those days were entrusted by their department with a great deal of discretionary authority. That is why the department I referred to in my previous post requires a minimum of a Bachelor's Degree to even compete for available vacancies. As this Chief once told me: "We can teach cadets the techniques and skills of a police officer; what we cannot do is teach them to think". Educated officers tend to be more observant, more discrete and less likely to "go ballistic" in the face of some minor perceived or actual questioning of their authority.

      Jaywalking is not generally a misdemeanor; as I said before it is usually a violation of the state's motor vehicle code. Just like speeding or an equipment violation.

      Yes, the woman in this case contributed to what happened, but these officers were the last ones who could have prevented this train wreck, and their improper actions and mental attitude contributed materially to the problem. Had they been properly educated, trained, and disciplined it would have been a non-event.

      I sense a little bit of subconscious "the police are always right" in the author of the previous post. That's fine; she/he has a lot of company. Sadly, officers weren't always right back then and they certainly aren't now. In my opinion the greatest error that these officers committed was "failure to properly assess the scene" and "failure to exercise appropriate discretion". Heck, I'd have let her go rather than be a contributor to all this hubbub. I mean one jaywalking citation more or less will not rid Austin's streets of jaywalkers. That's what I mean by discretion.      

  •  revenue ploy (3+ / 0-)
    Recommended by:
    BeninSC, Lonesome Jeff, SilentBrook

    Lying in wait to catch jaywalking offenders, then writing multiple citations is how this department raises money. And here I was under the impression that the boys in blue were so busy fighting criminals & aiding needy citizens that to waste time attending to frivolous calls could risk life & limb of those waiting to be rescued. These lazy bullies are totally skewing my image of sexy crime fighting protector ready to intervene for victims who need them. Pretty sure there are malls looking for security if these "officers" would rather play than protect.

  •  Dont the cops (0+ / 0-)

    in Austin Texas have anything better to do then issue jaywalking citations? This would be funny if it werent for the young lady that was arrested for NO good reason..why didnt they just hand her a citation so she knew what was going on? I didnt hear one of them talking to her, did they give her any answers as to why they were arresting her? Who carries ID when they go jogging, or walking? I dont.
    This is pathetic on the officers part, how

  •  Cops out of control? (1+ / 0-)
    Recommended by:

    It's seems that the police have developed a militaristic mindset when it comes to dealing with the public these days.  Remember when the policeman was your friend?  A favorite story in our house growing up was when a policeman brought my brother home after he had become lost when my mother sent him to the store.  He was four years old and couldn't pronounce the street name perfectly, but the policeman figured it out and led him to his home.  That was over seventy years ago.  Today that policeman would more than likely handcuff the child, take the child to Child Services and arrest his parents.

    There are too many out-of-control incidents happening around our country.  Young men are being stopped by police who seem to think that every young man is a druggie.  A young man was recently stopped on the premise of "your tail light is out".  When he opened his wallet to produce his license, the officer questioned him as to why he had so much money in his wallet.   He had to explain that he was a waiter and had received tips over the Christmas week when the restaurant was very busy.  What ever happened to the policeman being the protector instead of the harasser?  It's time to go back to the old days and get rid of the militaristic police approach, or we'll be no different than Russia, or other countries that we are so quick to criticize.

  •  When she swiped her arm at the cop ... (1+ / 0-)
    Recommended by:

    ... she was just standing her ground, which is legal in Texas.


  •  Ashamed to be a Texan (2+ / 0-)
    Recommended by:
    BeninSC, SilentBrook

    I was born and raised in Texas, have lived all over the state.  And until the Red Tide Idiots took over the state, I was a proud Texan.  But, this story is an example of what makes my stomach turn these days.  We have republican (no, that's not a typo - they don't deserve the credit or recognition by the party 'R') candidates for Senate who demonstrate their commitment to 2nd amendment rights by shooting a gun in their advertisements for re-election.  By, sitting on the tailgate of their pickup with their coon dog, talking about how they are going to 'save our conservative values'.  And, then the likes of Louie Gohmert, Ted Cruz, Rick Perry, David Dewhurst, and dr. Donna Campbell (nope, not a typo - she's the bright lightbulb with the gun on the firing range) get to represent my home state - it's sad and sickening.

    Four grown, male uniformed officers terrorizing a young woman, who is out jogging in the bright day light, to the point that she is screaming for her life.  Four grown men - and all they could think to do was handcuff her.  It's called situational awareness, gentlemen.  You grab a woman who is wearing head phones and doesn't respond to your 'Hey You!", the normal response for the majority of women is to go into defensive mode.  If you are listening to music, focused on your run, you just know you are being grabbed - by who?  You are wired to think to defend yourself against assault by rapists, muggers, etc.  Police officers?  She has a right to not be assaulted which is what you did.  

    There were many ways to have handled this.  It was an opportunity to explain yourselves and what is supposedly the new law.  Or, was this just your way of demonstrating how much testosterone you have pulsing through your body?  Was your need to show force so much more than your need to set up an "ID trap"?  "Me big, strong policeman with gun; you must shut up and submit'?

    Yes, I'm a Texan and I'm afraid my state has gone irreparably stupid.  And, for that, I apologize.

    •  Many of us here live in states with fairly rampant (0+ / 0-)

      stupidity, mhmays. Thanks to people like you it is clear that there is another (critically important!) side to the story!

      By all means the state can turn around! Many people here are working incredibly hard to make that happen. Even if it takes a few years, it will be worthwhile.

      Welcome from the DK Partners & Mentors Team. If you have any questions about how to participate here, you can learn more at the Knowledge Base or from the New Diarists Resources Diaries. Diaries labeled "Open Thread" are also great places to ask. We look forward to your contributions.

      "The opposite of war isn't peace, it's CREATION." _ Jonathan Larson, RENT -9.62, -9.13

      by BeninSC on Sat Feb 22, 2014 at 09:07:47 PM PST

      [ Parent ]

  •  she seems like a spoiled brat to me. (0+ / 0-)

    She may, or may not, hav realized that it was a cop trying to stop her for jaywalking -- but once she knew who she was facing, she just got more and more belligerent.

    She seemed to feel that 'just getting some exercise' was a good enough excuse to ignore cross lights, and that she shouldn't have to stop for cop for such a minor affair.

    She screamed, ranted, raved and -- essentially -- had a temper tantrum, hoping that it would be sufficient to force them to just let her go.  The fact that she resisted arrest loudly and belligerently doesn't change the fact that she resisted arrest.  

    She was arrested for not having ID after she resisted arrest for jaywalking.  If she had just quietly given them her name address etc. once she realized she was dealing with cops stopping her for a (minor) offence, she would have probably been on her way in a matte of a few minutes.

    Instead, she's now probably going to face charges of resisting arrest and causing a disturbance. (and rightfully so).

    •  Resist what aleady happened? (1+ / 0-)
      Recommended by:

      She is reported to have been thrown to the ground -- at once.   And when she tried to get up to have been pushed down again.  Just how was she supposed to cooperate with being thrown down precipitously -- or rather, how can she be accused of resisting what was done to her before she knew it?

    •  See my previous posts (0+ / 0-)

      Retired from 30 years in public safety.

      This is one of the lowest priority cases that there can be. These officers failed to properly assess the situation. They further failed to use the discretionary authority that every officer has.  The pushing down in this case had one and only one purpose; to make her feel inferior to the officers. That's why they use the technique as much as they do.

      In my time, I'd have let her go rather than contribute to this train wreck by reacting to her tirade. Traffic Division officers endure similar or greater abuse nearly every time they make a traffic stop. It-is-part-of-the-job. If you don't want to endure that then I advise you to seek another career.

      My opinion is that all charges (except perhaps the jaywalking one) will be eventually dropped. It is likely that the senior management of the APD and the City does not need or want this kind of a headache over a minor infraction. This city likely receives significant revenue due to the presence of the university and the related businesses that support it. That will weigh in; you may depend on it.

      If the city insists on pushing the issue, any moderately competent attorney should be able to secure an acquittal on every charge except perhaps the jaywalking one. Remember, the charge was "failure to provide ID" not "resisting arrest". The APD has a loser right there. Many Kossacks in this thread have posted accurate information putting the lie to the existence of a law requiring ID in Texas. Hard to be convicted of breaking a law that doesn't exist.

      Patience on the part of these officers would likely have resolved this incident in a short time with little or no fuss. People have the right to be spoiled brats. These officers overreacted...period.

      As I said before; if an officer cannot demonstrate professionalism and forbearance to every citizen be she a spoiled brat or the Mayor, he or she should choose another career. If a veteran officer is so jaded that he/she cannot similarly demonstrate those qualities, he/she should retire.  

  •  This is how it starts (0+ / 0-)

    in a once free country.

  •  Austin jaywalker (1+ / 0-)
    Recommended by:

    Sometimes the police are at once completely right and completely wrong.  
    If you don't believe that then you have not been paying attention to international news in the past week.  Kiev, Caracas, Bangkok, Cairo, Damascus  .......... There's a new paradigm in the affairs of humanity and a whole lot less tolerance for bad rules created by both tyrants and stupid politicians.

  •  When cops are on duty... (0+ / 0-)

    ...their comfort zone is cuffing people and hauling them down to booking.  It is what they are paid to do.  Common sense leaves the scene when they get complacent or egotistical.  A citation would have been sufficient even when she had no situational awareness of who was grabbing her.

  •  There sure are a lot of total dickheads posting (1+ / 0-)
    Recommended by:

    in favor of the "Gestapo" in this supposedly liberal forum.  If we let them take just a little of our liberty, soon they will take it all.

    What, me worry? I read MAD Magazine.

    by Bill Roberts on Sat Feb 22, 2014 at 10:48:38 PM PST

  •  Let's see if I understand this ... (0+ / 0-)

    Ever see a law enforcement officers driving the posted speed limit ?  It's all about power and an attitude. They have badges - guns - A N D - even worse - a VERY serious attitude problem.  Okay - not all officers are attitude deficient, just too many of them.

  •  Porky Cops.... (0+ / 0-)

    SHe just should have kept running.  There was no way that those porky cops could have caught her running.

  •  You can pollute with impunity but (0+ / 0-)

    do not jog down the street without photo ID. Police state idiots at work. Obviously the retard thought she was mocking him by exercising.

  •  The police have been pulling this crap (0+ / 0-)

    for generations.  It's just that they used to leave the middle-class alone and only pulled it on the poor and the working class.  The only change in their MO is that the middle class is almost gone now, so the police feel very comfortable pulling this crap on pretty much everyone but the rich.  So now there are all these people who are shocked that the police are doing it to them, how dare they!  But it's not new behavior at all, really.

    I wish it had been nipped in the bud way back when the working class had to put up with it, but nobody really cared back then.  It was just poor people, after all.

  •  GOOD GRIEF... (0+ / 0-)

    You'd think that with the state of Texas carrying out the execution of (on average) one person every three weeks, their police departments would be busting citizens for much more serious crimes than mere jaywalking or not having the proper ID.

    I'll betcha we'll see this unfortunate woman's arrest on a future episode of "Cops," with the police officers shown high-fiving each other and giving a blow-by-blow postmorten of the "crime" and subsequent arrest of the "offender."  

  •  Glad I live in NJ (0+ / 0-)

    At least the cops stop traffic for a jogger at the crosswalk instead of letting me get run over by idiot motorists breaking the law...

  •  Update on the Texas jaywalker (0+ / 0-)

    I just googled this story and now the Austin police chief has defended his officers by essentially saying, "Hey, what's she complaining about?  At least our police didn't sexually assault her like some other police would."

    Nice guy.  Poor Texas.  Here's hoping you vote Wendy Davis and other civil liberties champions in soon!

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