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Atwater v. City of Lago Vista
''Atwater v. Lago Vista'', , was a United States Supreme Court decision which held that a person's Fourth Amendment rights are not violated when the subject is arrested for driving without a seatbelt. The court ruled that such an arrest for a misdemeanor that is punishable only by a fine does not constitute an unreasonable seizure under the Fourth Amendment.
==Facts==
Texas law provides for police officer discretion in arresting any person caught committing a misdemeanor, such as violating its mandatory seat belt laws. Violation of its seat belt law is punishable with the maximum fine of $50. In March 1997, Gail Atwater, a long-term resident of Lago Vista, Texas, was driving her pick-up truck with her three-year-old son and five-year-old daughter. None of them were wearing seat belts. Police officer Bart Turek, then with the city of Lago Vista, recognized Ms. Atwater and pulled her over. According to court records, witnesses observed that Atwater and her children remained in her pick up when Turek approached the driver's side window and aggressively jabbed his finger toward Atwater’s face. According to Atwater's complaint (allegations, previously supported by witnesses at the scene, that the court also presumed to be true for its purposes), Turek screamed at Atwater about the seatbelts, frightening her children. When Atwater calmly and in a normal tone requested that Turek lower his voice. Turek immediately yelled "you’re going to jail." According to the record, Atwater remained calm when Turek told her she was going to jail. She did not act suspiciously, she did not pose any threat to Turek, and she did not engage in any illegal conduct other than failing to wear a seat belt. Turek continued to verbally abuse Atwater, accusing her of not caring for her children. Atwater's children and bystanders, including friends and other Lago Vista residents who drove or walked by, witnessed Turek's tirade.
After telling Atwater that she would be taken to jail, Turek demanded her driver's license and proof of insurance. When Atwater informed Turek that her license and insurance card were in her purse that had been stolen a couple of days before, Turek told Atwater that he had "heard that story two-hundred times." Atwater provided her address from her checkbook. Atwater then asked Turek to allow her to take her "frightened, upset, and crying" children to a friend's home just two houses down before taking her to jail, but he refused her request. Turek told her "()ou're not going anywhere" and stated that her children could accompany her to the police station. A friend of Atwater's who came to the scene took the children into her care while the officer arrested Atwater. Turek handcuffed Atwater, in front of her two young children, placed her in his squad car, did not fasten her seat belt, and drove her to the police station to be booked. According to the court document, "booking officers had her remove her shoes, jewelry, and eyeglasses, and empty her pockets. Officers took Atwater's 'mug shot' and placed her alone in a jail cell for about one hour." A magistrate released Atwater on $310 bond. She later paid three $50 fines for each violation of Texas's seat belt law (one for her and each of her children). When she provided proof, the charges of driving without a license and without proof of insurance were dismissed.
Atwater and her husband, Michael Haas, an emergency room physician at a local hospital, filed suit under 42 U.S.C. § 1983, represented by Charles Lincoln, alleging that the city violated her Fourth Amendment right to be free from unreasonable seizures by arresting her for a crime whose only punishment was a fine. This argument required her to concede that the police had probable cause to arrest her for violating the seat belt law, and thus the United States District Court for the Western District of Texas found summary judgment for the city. A panel of the Fifth Circuit reversed, holding that arresting a person for a fine-only misdemeanor was per se unreasonable. The Fifth Circuit sitting en banc reversed the panel, agreeing with the district court's reasoning. Three judges dissented from the en banc panel's ruling, arguing that the police had to have a specific reason for arresting Atwater for only violating the seat belt law. The U.S. Supreme Court agreed to hear the case.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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