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At first blush, the Court conceded, this rule appeared easily administrable by police officers, which would serve the government's interest in rules that are easy to apply on the spot. A violation of that law is a misdemeanor, and police may arrest someone for such an offense. [2] Police officer Bart Turek, then with the city of Lago Vista, recognized Ms. Atwater and pulled her over. Officers took Atwater's 'mug shot' and placed her alone in a jail cell for about one hour." The dissent elucidated, "probable cause" and "extraordinary" circumstances as delineated in Terry v. Ohio, Whren v. United States, etc., have also proved less than problematic. A Lago Vista police officer stopped her for the seatbelt violation, berated her verbally, handcuffed her, and took her to the police station. Held. [3] Turek told her "[y]ou're not going anywhere" and stated that her children could accompany her to the police station. - Fifth Circuit: No. Justice O'Connor, presenting the (4-5) dissenting opinion, stated that the historical evidence was not uniform in rejecting Atwater's proposed rule and reasoned that the Fourth Amendment required a balancing of interests in the case of an arrest for a fine-only misdemeanor. To decide that issue, the Court deemed it necessary to examine whether the common law required the police to knock and announce their presence. Souter, joined by Rehnquist, Scalia, Kennedy, Thomas, O'Connor, joined by Stevens, Ginsburg, Breyer, This page was last edited on 3 August 2020, at 08:29. The Court's analysis in this case proceeded along similar lines. She ultimately paid a $50 fine for the offense. Therefore, she was subjected to an “unreasonable search and seizure” in violation of the Fourth Amendment. She subsequently sued for Fourth Amendment violations. Atwater was subjected to pointless humiliation for no good State reason. After asking in oral argument, "how bad the problem is out there?" No one in the car was wearing a seatbelt. Turek continued to verbally abuse Atwater, accusing her of not caring for her children. Atwater sued the City of Lago Vista, alleging a violation of the Fourth Amendment. The District Court dismissed the suit. (adsbygoogle = window.adsbygoogle || []).push({}); Star Athletica, L.L.C. Does the Fourth Amendment forbid a warrantless arrest for a minor offense, such as a seatbelt offense, that would only result in a fine? The District Court dismissed the suit, and the Court of Appeals ultimately affirmed that dismissal. v. Varsity Brands, Inc. Atwater was arrested for driving while neither she nor her children had seatbelts on. The majority opinion ultimately emphasized a specific view that "Multiplied many times over, the costs to society of such underenforcement could easily outweigh the costs to defendants of being needlessly arrested and booked."[15]. At the station, Atwater’s belongings were removed, her “mug shot” was taken, and she was left in a cell for one hour before being released on bond by a magistrate. The Fourth Amendment safeguards "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." In Atwater, the dissent further argued that Atwater could not have been characterized as a possible flight risk by the arresting officer, since she was known to him and was an established member of the community and that respondents failed to substantiate any demonstrable merit for the arrest decision. [citation needed], Police routinely exercise discretion in their work. The arresting officer’s treatment of her was humiliating. “[W]hether the Fourth Amendment forbids a warrantless arrest for a minor criminal offense, such as a misdemeanor seatbelt violation punishable only by a fine.”.
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