Atwater vs. City of Lago Vista PDF

Preview

Summary

case brief...

Description

Kara Chrispen CJS 305-01

Atwater vs. City of Lago Vista 532 U.S. 318 (2001) FACTS: In March of 1997, Gail Atwater was driving with here three year old son and five year old daughter in the front seat of her truck. None of them were wearing seatbelts. Bart Turek, a Lago Vista police officer, observed this and pulled Atwater over. Atwater said that the officer yelled “we’ve met before” and “you’re going to jail” as soon as he got up to the truck. Turek had pulled her over in the past. Turek gave her a verbal warning and then called for backup. He asked for her driver’s license and she said she did not have it because her purse had been stolen the day before. Atwater asked if she could take her children to a friend’s house because they were scared. Turek told her that she was not going to go anywhere, but her friend ended up arriving to get the children. Turek handcuffed Atwater and placed her in the squad car. They went to the police station and had her remove her shoes, jewelry and glasses as well as empty her pockets. They took her mug shot and placed her in a jail cell for an hour before releasing her on a $310 bond. QUESTION: Is it illegal to arrest someone because of a minor traffic violation and then send them to jail? NO OPINION: Souter, J. joined by Rehnquist, C.J. and Scalia, Kennedy, Thomas, JJ. 1. There was no reason to put Atwater in jail 2. She was not going to flee and she probably would have complied with the seatbelt law once she left. 3. Warrantless searches of misdemeanor offenses do not need much attention 4. It is realized that is may be in the State’s best interest to limit arrests of petty offenses 5. Reject Atwater’s request for a new body of law 6. No matter what the offense, if there is probable cause there may be an arrest 7. All of the actions taken by the officers may have been embarrassing, but they were not illegal 8. Judgment is affirmed DISSENT: O’CONNOR J., joined by Stevens, Ginsburg, and Breyer, JJ. 1. 2. 3. 4.

There was no reason to arrest It should always balance the privacy interest with the government interests There is a very limited flight risk and interest in taking someone like this into custody There should only be a custodial arrest on a fineable offense when there are specific and articulable facts that warrant an arrest

Kara Chrispen CJS 305-01

5. Atwater’s arrest was constitutionally unreasonable 6. Atwater was not a threat to the community 7. The arrest taught the children that something bad can happen to someone that did not do something that bad 8. We must be able to monitor the post stop actions because the stop is at the officer’s discretion...