Gail Atwater, et al. v. City of Lago Vista et al. (532 U.S. 318)
U.S. Supreme Court · decided April 24, 2001 · Supreme Court Database (Spaeth)
- Citation
- 532 U.S. 318 · 121 S. Ct. 1536
- Decided
- April 24, 2001
- Term
- October Term 2000
- Vote
- 5–4
- Majority author
- Justice Souter
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice Souter delivered the opinion of the Court. The question is whether the Fourth Amendment forbids, a warrantless arrest for a minor criminal offense, such as a misdemeanor seatbelt violation punishable only by a fine. We hold that it does not. I A In Texas, if a car is equipped with safety belts, a front-seat passenger must wear one, Tex. Transp. Code Ann. § 545.413(a) (1999), and the driver must secure any small child riding in front, § 545.413(b). Violation of either provision is "a misdemeanor punishable by a fine not less than $25 or more than $50.” § 545.413(d). Texas law expressly authorizes “[a]ny peace officer [to] arrest without warrant a person found committing a violation” of these seatbelt laws, § 543.001, although it permits police to issue citations in lieu of arrest, §§543.003-543.005. In March 1997, petitioner Gail Atwater was driving her pickup truck in Lago Vista, Texas, with her 3-year-old son and 5-year-old daughter in the front seat. None of them was wearing a seatbelt. Respondent Bart Turek, a Lago Vista police officer at the time, observed the seatbelt violations and pulled Atwater over. According to Atwater’s complaint (the allegations of which we assume to be true for present purposes), Turek approached the truck and “yell[ed]” something to the effect of “[w]e’ve met before” and “[y]ou’re going to jail.” App. 20. He then called for backup and…
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