Asked 6/25/2016 – San Antonio, TX

Recently I was pulled over for driving without a seatbelt. Since I was only a few hundred feet from the store I was going to, I put my blinker on to signal compliance and waited until I was in the parking lot to stop. After explaining to the officer that I had just released my seat belt upon parking, I gave him my info to write me a ticket. While the officer was writing the ticket, I stepped out of my vehicle to wait, hands in view the whole time. The officer started yelling for me to get back in the car. I tried explaining the vehicle had no AC and that since I was going to in the store anyway, that I was just wanting to wait beside the truck until he was done. The officer was screaming over me and did not understand. I gave up and attempted to re-approach and reenter the vehicle and the officer started yelling to put my hands behind my back. I attempted to ask the officer why I was being arrested at which time the officer reached for my wrist, ignoring the question. Instinctively I pulled away leading him to assault me, breaking my wrist. The whole time he was on my back yelling for my other hand, I kept screaming that it was underneath me and I could not put it behind my back.

Answer

If you believe the officer acted in an inappropriate manner, you should file a complaint with the internal affairs division of that officer’s department. From what you describe, however, no criminal act was committed by the officer. You admit to not wearing a seat belt, which permits the officer to stop and detain you. Once you are in “custodial detention”, the same rules apply whether you have been stopped for no seat belt or capital murder. When you exited the vehicle, the officer does not know if you are going to the store for a drink or walking with a weapon in your pocket. The officer does not have to “explain” why he ordered you to immediately return to your car, nor does the officer have to allow you to “explain” why you exited and are not immediately complying with his commands. A traffic stop is considered being in custody and while in custody, what the officer says, goes. That being said, there are limits on the discretion used by an officer in any given situation. Check to see if the officer was wearing a body camera and if the squad car has its dash board camera recording the incident. Bring the recording to a local attorney and go from there.