Officer Powell: Poor Judgment or Abuse of Power?

By TChris, Section Misconduct
Posted on Tue Mar 31, 2009 at 08:45:00 AM EST
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Robert Powell, the Dallas police officer who detained Ryan Moats for a minor traffic violation outside a hospital where Moats' mother-in-law was dying, has demonstrated poor judgment before, according to former Dallas Cowboy linebacker Zach Thomas. Powell pulled over Zach's wife Maritza last year for making an illegal U-turn.

Thomas was handcuffed, placed in the back of a police cruiser, spent about three hours in the Dallas County Jail and was threatened with the possibility of spending the night behind bars.

In addition to making an illegal U-turn, Powell said Maritza ran a red light, didn't have her current address on her driver's license, didn't have a registration sticker on her windshield, and couldn't show proof of insurance. Maritza asked Powell to let her mother make the 5 minute trip to her home to retrieve the insurance paperwork, but Powell took Maritza to jail instead. (Maritza's mother, who speaks little English and was visiting Dallas for the first time, "was forced to ride with the tow truck driver when the car was impounded." Welcome to Dallas!) [more...]

An arrest (rather than the issuance of a citation) for routine traffic violations is rare, particularly when the driver is a state resident. The Dallas police claim that the number of citations Powell issued made Maritza's situation "egregious," justifying the arrest. Never mind that all the citations except the illegal U-turn were ultimately dismissed.

Powell seems to be the kind of officer who loves to exercise authority, particularly when he's abusing it.

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Officer Powell: Poor Judgment or Abuse of Power? | 49 comments (49 topical)

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Do you think we'd be hearing about this (5.00 / 1) (#1)
by ricosuave on Tue Mar 31, 2009 at 07:28:37 AM EST

if it wasn't happening to famous people? Imagine how this guy treats the family members of non-NFL players.

Why do we have to imagine that, by the way? Why is it so hard for the news media to find any information on a cop's behavior beyond what someone else says in a press conference. Can they really do little more than google stuff and make a few phone calls? Has the press so completely dismissed their responsibility as a local public watchdog that we only hear about police abuses if they show up in the sports section?

All of which begs the question of why Maritza (2.00 / 1) (#4)
by allimom99 on Tue Mar 31, 2009 at 08:58:09 AM EST

would make an illegal U-turn in front of a cop. I'm not defending Powell, but perhaps said NFL players and spouses think the traffic laws don't apply to them (think Larry Craig). Just sayin'. Also, does Maritza's mother have a valid license? Some of the rest of the story may be missing,

Why is it important for you to know whether or (1.00 / 2) (#9)
by Angel on Tue Mar 31, 2009 at 11:28:12 AM EST

not Maritza's mother has a valid license? Huh? She wasn't driving a car so that isn't germane to this discussion. Are you maybe a little bit racist? And perhaps Mrs. Maritza doesn't think she's special because her husband is an athlete. People - all kinds of people - make illegal u-turns every day of the week. Not because they think they're special but because they just think they can get away with something, or they didn't see the no u-turn sign, or whatever. But to insinuate that Mrs. Maritza did this because she thinks she's above the law and better than everyone else is totally ridiculous.

[ Parent ]

: I think (5.00 / 1) (#10)
by Bemused on Tue Mar 31, 2009 at 11:34:43 AM EST

he is assuming she wanted to drive from the scene to obtain the paperwork at home. That isn't clear from the article, but I think you should apologize for insinuating the poster is racist because he raised the issue.

[ Parent ]

I would guess... (none / 0) (#5)
by sj on Tue Mar 31, 2009 at 09:40:02 AM EST

... that it's the same reason I almost did. I was stressed out from making a wrong turn, didn't notice either the sign OR the cop.

Fortunately, my passenger noticed both.

Your insinuations say more about you than it does about NFL players and spouses. And mothers-in-law.

[ Parent ]

My thought is (none / 0) (#2)
by Bemused on Tue Mar 31, 2009 at 07:37:34 AM EST

That given the very low proportion of NFL players and their families within the overall population of people who drive in Dallas, the fact this one cop has had two incidents involving them in a short period of time suggests he acts this way very often. The only other plausible expalanation is that he singles out jocks and their families for this kind of thing, but it does not sound as if in either incident he knew with whom he was interacting until after the "overzealousness" had been displayed.

jerk (none / 0) (#3)
by Lil on Tue Mar 31, 2009 at 08:49:26 AM EST

Anyone fom Texas (none / 0) (#6)
by Makarov on Tue Mar 31, 2009 at 09:44:00 AM EST

Want to chime in on the validity of arresting someone for not having proof of insurance?

In my home state of Pennsylvania, not only do you have something like 48-72 hours to prove you have insurance, the failure to have it is a summary offense like most traffic violations. While multiple violations can make one subject to jail time, I've never heard of anyone arrested for invalid registration or not having insurance.

in the first thread (none / 0) (#7)
by Bemused on Tue Mar 31, 2009 at 09:46:54 AM EST

lobary, whom I believe is a lawyer in Texas, said minor traffic violations are jailable offense in Texas. One of the articles I read in a link said all traffic offenses except simple speeding and violation of the open container law are jailable in Texas.

[ Parent ]

One of the articles I read in a link said (none / 0) (#12)
by sarcastic unnamed one on Tue Mar 31, 2009 at 11:54:22 AM EST

One of the articles I read in a link said all traffic offenses except simple speeding and violation of the open container law are jailable in Texas.

Gotta love Texas.

[ Parent ]

Just to clarify (none / 0) (#14)
by lobary on Tue Mar 31, 2009 at 01:24:18 PM EST

I am not a lawyer, but I have friends who are. And I also have personal experience with abuses of authority by police officers. This case is not at all exceptional. I think there are many, many better examples of police misconduct than what happened to Ryan Moats last week. Moats wasn't even arrested yet everyone is aghast by the actions of the officer. Do my fellow citizens live under rocks? Cops act this way all the time.

[ Parent ]

: See no evil, hear no evil..... (none / 0) (#15)
by Bemused on Tue Mar 31, 2009 at 01:31:36 PM EST

this case got attention only because Moats is a minor celebrity. Way worse things happen many times a day. That doesn't lessen though the impact on Moats.

[ Parent ]

well (none / 0) (#8)
by connecticut yankee on Tue Mar 31, 2009 at 10:53:45 AM EST

From what I saw on the tape the problem was that they didnt respect the officer's authority, which is always a mistake.

If a cop pulls you over and you get out and start walking off, let's see if he talks nicely to you. I wouldnt expect it. There were certainly better ways to handle that than to pretend as if the cop wasnt even there.

You wait for him to come up, keep your hands visible, and then make your case. The wife even ignored a drawn gun. Who does that?

It was a mess all around.

At a guess (5.00 / 3) (#11)
by Jen M on Tue Mar 31, 2009 at 11:37:53 AM EST

The wife even ignored a drawn gun. Who does that?

Someone who's mother is dying?

[ Parent ]

And drawn gun is a little overkill, (none / 0) (#16)
by Lil on Tue Mar 31, 2009 at 02:48:08 PM EST

dontcha think?

[ Parent ]

No I don't think it's overkill (none / 0) (#17)
by Patrick on Tue Mar 31, 2009 at 03:09:42 PM EST

one bit. People who get out of vehicle's after they are stopped, are the the most dangerous. Even the U.S. Supreme Court agrees in numerous decisions. The occupants of the vehicle are detained, and as such are not free to move around as they want. This is for their safety as well as the officers. Two Oakland PD Motorcycle cops were shot, then executed less than 2 weeks ago by a vehicle occupant who "just got out". Most people do it, not because they have malicious intent, but because they don't realize the risk. The small percentage who have a malevolent intent make it an unreasonable risk to take if you're the officer.

[ Parent ]

yeah (5.00 / 1) (#18)
by Jen M on Tue Mar 31, 2009 at 03:31:20 PM EST

I understand that. And the times I have been stopped you betcha I did what I was told!

Then again I have never been in an extreme moment like that since my Mom is very much alive. I can't swear what I would do if it were my mom and that were me.

I can't help but contrast this with my friend whose brother works for the state police. When his dad was dying he got relayed across the state by cruiser. Damned fast too.

[ Parent ]

She was running towards the door (5.00 / 1) (#21)
by nycstray on Tue Mar 31, 2009 at 04:22:02 PM EST

of an EMERGENCY ROOM.

I was ASKED to get out of a car by an officer, too bad he didn't mention to grab my ID before I got out. Coulda saved having a couple of guns drawn on me. Never realized all 5'5" 105lbs of blond hair blue eyed me posed such a threat . . . I don't think most people know they are considered detained and not free to move around when pulled over. Most people don't have a heck of a lot of experience with cops. Case in point, me who thought nothing of reaching in for her purse when asked for ID. I was just cooperating . . . we were pulled over for a bad taillight, so maybe because we hadn't been doing anything "wrong" I wasn't thinking I could get shot or even needed to think my actions could be interpreted as anything but what they were.

[ Parent ]

Actually, (none / 0) (#27)
by Patrick on Tue Mar 31, 2009 at 06:13:50 PM EST

She did initially approach the officer, before she was pulled away by another female. The point isn't that she posed no threat, which in hidsight is perfectly clear. The point is that the officer does not know, and up to the point where he had verifiable information that what they were saying was the truth, he did not act improperly. That I agree he was less than compassionate to their plight is not an endorsement that his action were unlawful.

[ Parent ]

Didn't they also have their emergency lights (none / 0) (#43)
by nycstray on Tue Mar 31, 2009 at 10:02:18 PM EST

going on the way to the hospital? And also, the ER nurse came out and verified and it did nothing to help him get in/defuse the situation.

Yes, it was a touchy situation, but drawing guns and over use of authority need some serious consideration. Having been on the end of drawn guns while being a passenger in a car on my way home from work gives me a tad bit of perspective from the public side. Most of us are not criminals when racing to the ER, making a U turn or having a bad taillight. We're just law abiding citizens in general.

[ Parent ]

I believe (none / 0) (#45)
by Patrick on Tue Mar 31, 2009 at 11:49:55 PM EST

they did have their hazard lights in operation and I also suggested that they were a clue for the officer, but they didn't stop for the police vehicle with lights and siren if I recall correctly, and were clearly traveling at a high rate of speed. Both of these things are completely understandable in the context of what we know today (after the fact) but in the uncertainty of the situation as it unfolded, not so much.

I'd also agree that most of us are not criminals period, unless you want to get hypertechnical, then we're all criminals to some extent or another.

[ Parent ]

How much hindsight does it take (none / 0) (#46)
by nycstray on Wed Apr 01, 2009 at 12:26:31 AM EST

for following (with light and sirens, yes) a vehicle with hazard lights on traveling beyond the speed limit into a hospital parking lot and up to the door of the ER does one need? Seems to me, some of the "evidence" was there before hindsight. Thanks for backing up the hazard lights. I saw that in the video, but not on the news I heard. In my innocence, I thought that was a clue to why they were driving too fast etc. AKA emergency situation.

U-Turn is a bit different, but really, how many girls hop out of a car and pose a serious threat? In hindsight, yes, reaching back into the car for my purse when asked for my ID was prob a mistake, but what was I supposed to do? Again, I'm so not threatening! And it wasn't one cop (or one gun!) either. And I can't say I would act different in future situations. I have a good relationship with the cops in my 'hood (on a casual basis from walking my dog etc). But that doesn't mean they will recognize me at a traffic stop (especially at night). And I certainly won't be thinking they are dangerous because I won't have that "guilt" behind me of trying to avoid them for whatever reason. And most of the people who live in my 'hood fit that bill. I understand cops need to be cautious, but they also need to understand, most people have no clue as to their (cops) danger because we just don't live in that mindset. The idea that a cop would think I posed a danger is just not on my brain because I am not a danger.

[ Parent ]

: I said (none / 0) (#47)
by Patrick on Wed Apr 01, 2009 at 02:09:07 AM EST

the hazard lights should have been a clue, and agree that they were. But again, I guess what I'm trying to get at is a "trust but verify" kind of mindset.
As for your particlar scenario:
Once the officer told you to get your ID, I suspect that they expected you to reach for something. Of course if they were doing it right, they were in a position to see what you were reaching for, and determine quickly if you were reaching for something dangerous.
Certainly, if you mean no harm you are not a threat. Of course expecting a cop to somehow "know" this is an unrealistic. I don't know all the circumstances of your particular incident, the type of neighborhood, the mindset of the police, your vehicle matching the description of some recent stolen, or perhap other vehicle involved in a crime, a recent violent crime in the neighborhood, etc. There are literally millions of variables that may reasonably explain their actions. I know of no officer who draws their gun everytime they approach a vehicle, so I suspect if you had a gun pointed at you, there was some reason, and clearly, as you meant no harm it was as I said earlier, a "mis-read" of the situation.
Cops are well aware (or should be if they have any experience) of the lack of understanding of normal citizens who have few if any interactions with police through enforcement. We are also aware that repeat customers have developed that understanding, sometimes to a significant extent. So there is no hard and fast rules that you should stick to. Suffice it to say, the best thing you can do if stopped, is pull over as soon as is safe (signal the manuever immediately), turn on your dome light (If it's dark) and wait, with your hands on the steering wheel for the officer to approach. Once the officer makes a request, follow it as closely as possible. This is not some power trip by cops, it's just lessons learned over the years, sometimes through very tragic events. The street is not the place to debate the ticket if you don't agree with what the officer claims. If you think you were mistreated, the officer's supervisor is available by telephone after your business with that officer is completed. Depending on the location, (High traffic area or other danger) the officer may be willing to answer some questions after the stop has been completed, but remember, no conversation is off the record.

[ Parent ]

My understanding is (5.00 / 1) (#22)
by Lil on Tue Mar 31, 2009 at 04:28:11 PM EST

that she was walking away not toward the officer in any aggressive manner. I don't want to debate with you the dangers of the job. Of course danger is something to always be aware may happen. I stipulate that. I wonder if you might stipulate that some police often throw their weight around for no other reason than they have the power to do it. Sometimes I even think they do the power thing and use the danger assessment as the excuse. I believe if you looked at it honestly, you would admit that. Many of the officers I've spoken to admit it in private, though they can also surely argue their right to do it.

[ Parent ]

No, (none / 0) (#28)
by Patrick on Tue Mar 31, 2009 at 06:16:38 PM EST

but I will stipulate that sometimes in the confusion all officers at some time make the wrong call or read the situation incorrectly. I know there are bad officers out there who do what you're alleging, but I won't stipulate that all do. For me, I'd rather get my business done as quickly as possible with as little interference as possib

[ Parent ]

Patrick, (none / 0) (#31)
by Lil on Tue Mar 31, 2009 at 06:23:23 PM EST

I wrote, "some"; you wrote "all"...not what I said.

[ Parent ]

OK.. (none / 0) (#37)
by Patrick on Tue Mar 31, 2009 at 06:33:01 PM EST

Some it is...A very small percentage who do it intentionally. The rest I beleive is the result of people not understanding what is happening. Unfortunately we don't have the time or the ability to properly explain everything, everytime, in time to avoid conflict.

[ Parent ]

: yes (none / 0) (#41)
by Lil on Tue Mar 31, 2009 at 06:59:24 PM EST

most of us get that you can't explain everything, everytime. Whenever police are confronted about possible, notice I said possible, over the top behavior, what I hear most often is things like: "Unfortunately we don't have the time or the ability to properly explain everything, everytime, in time to avoid conflict." Sometimes it would just be a relief to hear yeah sometimes we are over the top, because many situations, not all, don't require the degree of force, so to speak, that is used. The thing is I think you get that but can't help but defend the police anyway. some people need a champion.

[ Parent ]

You also (none / 0) (#38)
by Patrick on Tue Mar 31, 2009 at 06:34:43 PM EST

said she never walked towards the officer. Do you stand by that statement?

[ Parent ]

: Well, (5.00 / 0) (#40)
by Lil on Tue Mar 31, 2009 at 06:52:53 PM EST

I said it was "my understanding". If she did walk towards him, accept my mea culpa on the details; that doesn't change my belief that the cop was pushing his authority around. And unfortunately I don't think it is a small percentage of officers who do that. Of course there are exceptions, and it sounds like you may be one of them, but I think a lot of police officers are bullies with a badge. More police need to confront each other about their power trips, since it is too hard for most civilian citizens to confront that bullying.

[ Parent ]
: If you are still out there, Patrick (none / 0) (#50)
by Lil on Thu Apr 02, 2009 at 10:25:24 PM EST

I just watched the whole video and that cop was a jerk.I am grateful that Chief Kunkle apologized; it gave me some peace that some cops are still our champions.

[ Parent ]

I would certainly (none / 0) (#48)
by Bemused on Wed Apr 01, 2009 at 07:19:31 AM EST

not assert "all" officers or even most officers routinely abuse their authority. It varies widely from jurisdiction to jurisdiction and even among different police forces within the same jurisdictions (or even among divisions of the same department), but I do think most police officers attempt to a difficult and dangerous job the best they can in often ambiguous circumstances.

Using the acts of a particular officer or officers to paint with a broad brush is unfair and misleading. On the other hand, accepting that most officers act in good faith even when they make what we can agree are mistakes employing hindsight should not be used to understate the problems created by the minority that are bad actors.

It's a tough job and an important job; with power and discretion must come responsibility and accountablity.

[ Parent ]

Horse dung (none / 0) (#25)
by denise k on Tue Mar 31, 2009 at 05:41:21 PM EST

There is no instruction book for people who are stopped to know what to do and not to do. This type of attitude is what gets innocent people killed.

[ Parent ]

I'd submit (2.00 / 0) (#30)
by Patrick on Tue Mar 31, 2009 at 06:21:34 PM EST

that there's plenty of information available to the public that provides the exact information you're alleging doesn't exist. But you do bring up a good point, each state DMV should make that part of driver's education so that it's at least standardized. I know in some cities, when an officer stops a vehicle, they expect everyone to put their hands up. I know this because I've stopped people from those cities and asked why they did that. But just so we're clear, AFAIK, it's not a smart thing to do to jump out of a vehicle that is being stopped by police in any location unless you've been told to do so. I also know that common sense is all too uncommon. That's just good advice from someone who knows. And it's free of charge.

[ Parent ]

: Not all of us drive ;) (none / 0) (#44)
by nycstray on Tue Mar 31, 2009 at 10:10:59 PM EST

And seriously, what we might get in the way of how to handle ourselves properly when pulled over, may not "stick" or could be totally obsolete by the time it happens to us. Again, there are many drivers out there who are just making honest mistakes, etc. Treating us otherwise isn't doing anyone any good.
I don't drive (never has a license etc) but did take drivers training some 30yrs ago. What I remember was to watch out for dogs, doors and dummies. The 3 D's, as they touted it. I use it now when out with my dog, lol!~

[ Parent ]

Actually, there kinda is. (1.00 / 0) (#26)
by sarcastic unnamed one on Tue Mar 31, 2009 at 05:47:19 PM EST

Here is one of hundreds, thousands, maybe, that are googleable...

[ Parent ]

Ever been called to the hospital (none / 0) (#24)
by denise k on Tue Mar 31, 2009 at 05:36:57 PM EST

for a dying relative -- especially, your mother? If you had, you might be a bit more understanding. I have been in that situation and I was fully prepared to defy any cop who would get in my way. Thank God, I was not stopped but I went at least 30 miles over the speed limit most of the way. Cops be damned.

[ Parent ]

: Yup (none / 0) (#36)
by Patrick on Tue Mar 31, 2009 at 06:29:04 PM EST

about 6 weeks ago for my father-in-law. And my wife was in the parking lot when he passed. It sucked, but sometimes it happens.

[ Parent ]

To be clear (none / 0) (#19)
by Patrick on Tue Mar 31, 2009 at 03:35:57 PM EST

I'm not seeing the "abuse of authority" or poor judgement in this incident. He has no duty to let a driver, who is lawfully required to carry the items he requested, leave the scene of a traffic stop to get them from home. Nor is he required to let a passenger leave the scene to go get them. Requiring officers to do this would place an unneccesary burden on them. In probably half of my traffic stops the drivers are missing one thing or another, or don't have current addressed on their registration or license. If I had to allow them to go get their paperwork, I'd never get anything done, and what if they lived more than a few miles away? Who decides how far is too far? The easy solution is to carry what you're supposed to when you are driving, then if you commit a traffic violation you only worry about getting a ticket or not. Of course we're not like Texas w/respect to jail for traffic offenses either, we would need more to make the arrest.

how many of them (none / 0) (#20)
by Jen M on Tue Mar 31, 2009 at 03:44:08 PM EST

do you arrest and take into custody? Or do you just write them tickets? (which is perfectly reasonable)

[ Parent ]

Exactly (5.00 / 1) (#23)
by denise k on Tue Mar 31, 2009 at 05:33:01 PM EST

Why take her to jail for what is described? It seems to be more than a little extreme. Was she doing something else that made her a threat? Or was the threat simply her asking to prove that she had the documents. Is it a crime to ask for documents? To talk with the arresting officer? Or is that, by definition, threatening behavior?

Cops who use their power in petty tyrannical ways hurt the entire profession and engender mistrust that makes their job harder to do.

[ Parent ]

: There's (none / 0) (#34)
by Patrick on Tue Mar 31, 2009 at 06:27:30 PM EST

also the person who is from out of state, if I can articualte that I think they will fail to appear, I can arrest them for any traffic violation. I've never done this, but I know it can be done.

[ Parent ]
: Actually, (none / 0) (#35)
by Patrick on Tue Mar 31, 2009 at 06:28:25 PM EST

there are many instances where misunderstanding of proper procedures does exactly the same thing.

[ Parent ]

Depends (none / 0) (#32)
by Patrick on Tue Mar 31, 2009 at 06:25:46 PM EST

Can't give you a specific number because I don't count them. It's not common, but some of the reasons are, if they don't have ID, (That means a valid state issued ID) which is at my discretion if I can satisfy myself of their true identity, I can accept other forms. If they refuse to sign the citation, that's a direct trip to jail, no discretion. Demand to be brought before a magistrate, which is also no discretion, and they usually change their mind when they realize that means they sit in jail til the judge is ready for them. Or commit a misdemeanor traffic violation - and there are plenty of those. But for the most part, a citation is sufficient, and I don't find myself in the position often.

[ Parent ]

Jail is for people who might hurt others (none / 0) (#29)
by nellre on Tue Mar 31, 2009 at 06:18:39 PM EST

Wasting precious resources to jail a person for an illegal U turn makes no sense to me.
Don't we have bad guys to catch?

I agree (none / 0) (#33)
by Patrick on Tue Mar 31, 2009 at 06:26:24 PM EST

For what it's worth. But if the law allows it, and an officer does it, is he wrong?

[ Parent ]

I believe in personal responsibility (none / 0) (#39)
by nellre on Tue Mar 31, 2009 at 06:51:53 PM EST

A guy we let carry a gun needs to have his priorities straight... so yes, he was wrong.
The law is wrong too (IMHO), and should be fixed... but you can't make perfect laws, so using good judgment when applying them is absolutely essential.

[ Parent ]

: I guess (1.00 / 0) (#42)
by Patrick on Tue Mar 31, 2009 at 07:18:39 PM EST

that depends on who's dictating the priorities. Many officer's don't get to define their own priorities as they relate to the job. And sadly, some cops aren't the sharpest tools in the shed. In this situation, I don't think he did anything wrong as long as he is consistant with who he arrests for traffic violations. IN the other situation, I've already said he blew the call.

[ Parent ]

No excuse (none / 0) (#49)
by catmandu on Wed Apr 01, 2009 at 11:25:24 AM EST

There is no excuse for dangerous driving, cars can be weapons. Also, if the person has no i.d. then the police officer cannot know if they are wanted for any crimes. How can he know if the wife was running to her mother, or running away from the police?
Wasn't Timothy McVeigh arrested for a minor traffic violation?
As for the other case with not allowing the mother in law to drive to get insurance papers, it is against the law to drive without PROOF of insurance. Nobody could drive the vehicle until it was legally proved to be insured.
Traffic laws are safety laws, follow them or take the consequences.
As someone who has been hit by the uninsured, I have no sympathy. Carry your i.d. and don't scream at a cop who is just doing his job.