Atwater v. Lago Vista, 532 U.S. 318, 52 (2001)

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

O'Connor, J., dissenting

children who had witnessed the scene and summoned one of Atwater's friends saved the children from being hauled to jail with their mother. Id., at 382, 385-386.

With the children gone, Officer Turek handcuffed Ms. Atwater with her hands behind her back, placed her in the police car, and drove her to the police station. Id., at 386-387. Ironically, Turek did not secure Atwater in a seatbelt for the drive. Id., at 386. At the station, Atwater was forced to remove her shoes, relinquish her possessions, and wait in a holding cell for about an hour. Id., at 387, 706. A judge finally informed Atwater of her rights and the charges against her, and released her when she posted bond. Id., at 387-388, 706. Atwater returned to the scene of the arrest, only to find that her car had been towed. Id., at 389.

Ms. Atwater ultimately pleaded no contest to violating the seatbelt law and was fined $50. Id., at 403. Even though that fine was the maximum penalty for her crime, Tex. Transp. Code Ann. § 545.413(d) (1999), and even though Officer Turek has never articulated any justification for his actions, the city contends that arresting Atwater was constitutionally reasonable because it advanced two legitimate interests: "the enforcement of child safety laws and encouraging [Atwater] to appear for trial." Brief for Respondents 15.

It is difficult to see how arresting Atwater served either of these goals any more effectively than the issuance of a citation. With respect to the goal of law enforcement generally, Atwater did not pose a great danger to the community. She had been driving very slowly—approximately 15 miles per hour—in broad daylight on a residential street that had no other traffic. Record 380. Nor was she a repeat offender; until that day, she had received one traffic citation in her life—a ticket, more than 10 years earlier, for failure to signal a lane change. Id., at 378. Although Officer Turek had stopped Atwater approximately three months earlier because he thought that Atwater's son was not wearing a seat-belt, id., at 420, Turek had been mistaken, id., at 379, 703.

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