Atwater Vs. Supreme Court

I selected the case of Atwater vs. The city of Lago Vista

Gail Atwater was stopped by a police officer for not having her children seatbelted. Instead of issuing a minor misdemeanor ticket, as is normally done, the officer arrested Atwater

The city of Lago Vista removed the suit and sent it to the United States District Court for the Western District of Texas, Which gave ruling to The city of Lago Vista. The court said that Atwater had failed to present proof that any constitutional right had been violated. The constitutional issue involved, as ruled by the US court of Appeals, was the 4th amendment. In the 4th amendment it states that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Basically in my opinion, Atwater felt that a driving violation that usually resulted in a $50 ticket max, which resulted in her being arrested, was unfair grounds for her detainment.

The issue was that Atwater felt it was a constitutional violation for a custodial arrest for a minor arrest was not constitutional. The important precedents were that it was also an endangerment of her children, who she has responsibility for, to allow them to be in a moving vehicle without seatbelts. In my opinion this is not just an issue of a personal choice violation, i.e. she wasn’t wearing her seatbelt. But more of an issue of not