Supreme Court Debates Traffic Violation Arrests
Hearing arguments in a case that could affect anyone who drives a car, Supreme Court justices debated whether people can be arrested for traffic violations punishable only by a fine. A Texas woman, Gail Atwater, who was arrested, handcuffed, and jailed because she and her children weren’t wearing seat belts, asked the justices on Dec. 4, 2000, to rule that police violated her constitutional protection against unreasonable arrests. The case is Atwater vs. Lago Vista, 99-1408. Texas law gives police the discretion to make full custodial arrests for routine traffic violations, except for speeding. The officer who stopped Atwater handcuffed her hands behind her back and took her to the city police station, where she was placed in a cell for about an hour before she appeared in court and paid a $50 fine. The 5th U.S. Circuit Court of Appeals ruled that the arrest was reasonable.
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