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.
