A. B. C. D.

he Case Of . . . The Arrest for a magistrate who released her on bond. Seat Belt Violations She eventually paid a small fine but brought a lawsuit against the town and the police department for violating her rights. Gail Atwater was driving through the streets The lower federal courts found for the town. of her small town in Texas when Officer Turek The U.S. Supreme Court agreed to review the stopped her. Her three-year-old son and five- case to determine whether or not a warrantless year-old daughter were with her in the front arrest could be made by police for a misde- seat of her pickup truck. None of them were meanor that did not involve a breach of the wearing seat belts. Texas law allows police peace and that is punishable only by a fine. to make a warrantless arrest for seat belt violations or allows them to give out a citation Problem 12.3 (ticket) to the offender. The penalty under a. Did Officer Turek have probable cause to Texas law for this offense is a fine of no less believe that Gail Atwater had violated the than $25 and no more than $50. Texas seat belt laws? The officer asked Ms. Atwater for her b. Do you agree or disagree with the way the license and registration. She was unable to officer handled the case? Would it make a produce them, telling Officer Turek they had difference to you if he had stopped her for a been stolen the day before. Turek told her seat belt violation with her children in the she was "going to jail." Her two small children past? Explain. began to cry. Fortunately, a neighbor saw the c. Given the circumstances of the case, was incident and took the children into her home. the seizure reasonable? Once the children left, Officer Turek hand- cuffed Ms. Atwater and took her to the police d. How should the Court decide this case? station. After an hour in jail she was taken to Give your reasons. CHAPTER 12 Criminal Justice Process: The Investigation 139