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ATWATER v. LAGO VISTA

No. 99-1408.

532 U.S. 318 (2001)

ATWATER et al. v. CITY OF LAGO VISTA et al.

United States Supreme Court.

Decided April 24, 2001.

Attorney(s) appearing for the Case

Robert C. DeCarli argued the cause for petitioners. With him on the briefs were Debra Irwin, Pamela McGraw, and Michael F. Sturley.

R. James George, Jr., argued the cause for respondents. With him on the brief were William W. Krueger III and Joanna R. Lippman.

Gregory S. Coleman, Solicitor General of Texas, argued the cause for the State of Texas et al. as amici curiae urging affirmance. With him on the brief were John Cornyn, Attorney General, Andy Taylor, First Assistant Attorney General, and Lisa R. Eskow, Assistant Attorney General, and the Attorneys General for their respective States as follows: Mark Pryor of Arkansas, Ken Salazar of Colorado, M. Jane Brady of Delaware, Carla J. Stovall of Kansas, J. Joseph Curran, Jr., of Maryland, Joseph P. Mazurek of Montana, W. A. Drew Edmondson of Oklahoma, Charles M. Condon of South Carolina, and Mark L. Earley of Virginia.*

Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. O'Connor, J., filed a dissenting opinion, in which Stevens, Ginsburg, and Breyer, JJ., joined, p. 360.

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 frontseat passenger must wear one, Tex. Transp. Code Ann. § 545.413(a) (1999), and the driver must secure any small child riding...

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