Cite as: 532 U. S. 318 (2001)
Opinion of the Court
W. A. Drew Edmondson of Oklahoma, Charles M. Condon of South Carolina, and Mark L. Earley of Virginia.*
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 front-seat passenger must wear one, Tex. Transp. Code Ann. § 545.413(a) (1999), and the driver must secure any small child riding in front, § 545.413(b). Violation of either provision is "a misdemeanor punishable by a fine not less than $25 or more than $50." § 545.413(d). Texas law expressly authorizes "[a]ny peace officer [to] arrest without warrant a person found committing a violation" of these seatbelt laws, § 543.001, although it permits police to issue citations in lieu of arrest, §§ 543.003-543.005.
In March 1997, petitioner Gail Atwater was driving her pickup truck in Lago Vista, Texas, with her 3-year-old son and 5-year-old daughter in the front seat. None of them was
*Briefs of amici curiae urging reversal were filed for the American Civil Liberties Union et al. by Susan N. Herman and Steven R. Shapiro; for Americans for Effective Law Enforcement, Inc., by Wayne W. Schmidt, James P. Manak, and Bernard J. Farber; for the Cato Institute by Timothy Lynch; for the Institute on Criminal Justice at the University of Minnesota Law School et al. by Richard S. Frase; for the National Association of Criminal Defense Lawyers et al. by Wesley MacNeil Oliver and Joshua Dratel; and for the Texas Criminal Defense Lawyers Association by Greg Westfall and William S. Harris.
Briefs of amici curiae urging affirmance were filed for the United States by Solicitor General Waxman, Assistant Attorney General Robinson, Deputy Solicitor General Dreeben, and Patricia A. Millett; for the National League of Cities et al. by Richard Ruda and James I. Crowley; and for the Texas Police Chiefs Association by James McLaughlin, Jr.
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