Orlando Patino Atwater v. Lago Vista, 532 U.S. 318 (2001) I. FACTS
In Texas it is a violation for a child to ride in the front passenger seat unrestrained. Violating this Texas transit law is a misdemeanor punishable by a fine no more than 50 dollars, but Texas authorizes any peace officer to arrest a person to arrest a person without a warrant if found guilty of violating seatbelt laws. In this case petitioner Atwater was pulled over by Lago Vista police officer Bart Turek for failing to safely restraint her 3 year old son and 5 year old daughter in the front seat. During Atwater’s traffic stop she failed to provide a driver’s license and insurance documentation she was then arrested and taken to the local police station. After …show more content…
The court stated Turek was not required to make an arrest but was authorized to make a custodial arrest without having to balance the costs and benefits or whether her arrest was necessary at all. The court held Atwater’s arrest on the seatbelt violation was justified because Turek had probable cause and witnessed Atwater and her children not wearing a seatbelt. The court also held that during a custodial arrest the arrestee may be subject to a full search on their person as well as the entire car including packages and may have items confiscated. People like Atwater Arrested for a misdemeanor without the formal arrest process may be jailed for 48 hours until a magistrate’s review of probable cause or prompt their release. The court held Officer Turek arrest on Atwater was constitutionally reasonable to keep the enforcement of child safety laws as well as encourage her to appear in trial. A solution to stopping unnecessary arrests for people with misdemeanors would be for officers to follow criteria where the suspect’s flight during a stop would determine whether or not an arrest should be