Atwater v. Lago Vista, 532 U.S. 318, 42 (2001)

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Cite as: 532 U. S. 318 (2001)

Appendix to opinion of the Court

officer's presence except "traffic infractions" and minor "violations");

Pa. Stat. Ann., Tit. 71, § 252(a) (Purdon 1990) ("for all violations of the law, including laws regulating the use of the highways, which they may witness"); R. I. Gen. Laws § 12-7-3 (2000) (for misdemeanors and petty misdemeanors where "[t]he officer has reasonable grounds to believe that [the] person cannot be arrested later, or [m]ay cause injury to himself or herself or others or loss or damage to property unless immediately arrested"); S. C. Code Ann. § 17-13-30 (1985) (of persons who, in the presence of the officer, "violate any of the criminal laws of this State if such arrest be made at the time of such violation of law or immediately thereafter"); S. D. Codified Laws § 23A-3-2 (1998) ("[f]or a public offense, other than a petty offense, committed or attempted in [the officer's] presence");

Tenn. Code Ann. § 40-7-103(a)(1) (Supp. 2000) ("[f]or a public offense committed or a breach of the peace threatened in the officer's presence"); see also § 40-7-118(b)(1) (1997) (officer who has arrested a person for the commission of a misdemeanor should generally issue a citation to such arrested person to appear in court in lieu of the continued custody and the taking of the arrested person before a magistrate); Tex. Code Crim. Proc. Ann., Art. 14.01 (Vernon 1977) ("for any offense committed in his presence or within his view"); Utah Code Ann. § 10-3-915 (1999) (for "any offense directly prohibited by the laws of this state or by ordinance"); § 77- 7-2 (for any public offense committed in presence of officer); Vt. Rule Crim. Proc. 3(a) (2000) (where officer has probable cause to believe that "a crime" is committed in his presence); see also Rule 3(c) (law enforcement officer acting without warrant who is authorized to arrest a person for a misdemeanor should generally issue a citation to appear before a judicial officer in lieu of arrest);

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