Atwater v. Lago Vista (full
text)
U.S. Supreme Court
Atwater v. Lago Vista, 532 U.S.
318 (2001)
Date: 04/24/01
Case No: 99-1408
Issue: Fourth Amendment,
Warrantless Arrest for Minor Criminal Offenses
Holding: If an officer has probable cause to
believe that an individual committed even a minor criminal offense
in his or her presence, the officer may arrest the offender without
violating the Fourth Amendment.
Summary:
A police officer stopped Atwater's vehicle because neither
she nor her two young children were wearing seatbelts. Texas law
expressly authorizes a police officer to arrest, without a warrant,
a person who violates the seatbelt law. The officer arrested
Atwater and she was taken to jail for about an hour before being
released on bond.
Atwater filed a lawsuit alleging that her Fourth Amendment
"right to be free from unreasonable seizure" was violated. She
argued that, at common law, an officer's authority to make
warrantless arrests for misdemeanors was restricted to cases
involving a "breach of the peace." The Court found several
exceptions to Atwater's historical contention and rejected her
argument.
The Court also declined to create a new rule that would
permit arrest for "jailable" offenses, but not for "fine-only"
offenses. The Court expressed concern over the difficulties police
would encounter in applying such a standard in the field and the
litigation that could result. Finally, the Court noted that it
would be easier for states to create a minor-offense limitation by
statute rather than deriving one through the Constitution.