Atwater v. Lago Vista, 532 U.S. 318, 19 (2001)

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336

ATWATER v. LAGO VISTA

Opinion of the Court

B

An examination of specifically American evidence is to the same effect. Neither the history of the framing era nor subsequent legal development indicates that the Fourth Amendment was originally understood, or has traditionally been read, to embrace Atwater's position.

1

To begin with, Atwater has cited no particular evidence that those who framed and ratified the Fourth Amendment sought to limit peace officers' warrantless misdemeanor arrest authority to instances of actual breach of the peace, and our own review of the recent and respected compilations of framing-era documentary history has likewise failed to reveal any such design. See The Complete Bill of Rights 223- 263 (N. Cogan ed. 1997) (collecting original sources); 5 The Founders' Constitution 219-244 (P. Kurland & R. Lerner eds. 1987) (same). Nor have we found in any of the modern historical accounts of the Fourth Amendment's adoption any substantial indication that the Framers intended such a restriction. See, e. g., L. Levy, Origins of the Bill of Rights 150-179 (1999); T. Taylor, Two Studies in Constitutional Interpretation 19-93 (1969); J. Landynski, Search and Seizure and the Supreme Court 19-48 (1966); N. Lasson, History and Development of the Fourth Amendment to the United States Constitution 79-105 (1937); Davies, Recovering the Original Fourth Amendment, 98 Mich. L. Rev. 547 (1999); Amar, Fourth Amendment First Principles, 107 Harv. L. Rev. 757 (1994); Bradley, Constitutional Theory of the Fourth Amendment, 38 DePaul L. Rev. 817 (1989). Indeed, to the extent these modern histories address the issue, their conclusions are to the contrary. See Landynski, supra, at 45 (Fourth Amendment arrest rules are "based on common-law practice," which "dispensed with" a warrant requirement for misdemeanors "committed in the presence of the arresting officer"); Davies, supra, at 551 ("[T]he Framers did not address

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