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Case Brief 12 - officer said you’re not going anywhere...

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Christopher Jewell Feb. 29, 2008 CRJ-205 Case Brief 10 I. Atwater v. City of Lago Vista 532 U.S. 318 (2001) II. History: Gail atwater was charged with multiple deatbelt, DL, and insurance violations. She and her husband then sued officer Bark Turek, the city of Lago Vista, and the Lago Vista PC. The USDC granted the city’s summary judgment. The USCOA reversed. The USSC affirmed III. Facts of the Case a. Acts by Government official: Atwater was driving her truck with her 3 yr old son and 5 yr old daughter riding in march of 1997. Turek saw Atwater’s violation and pulled her over. Turek walked up to the truck and said “I seen you before and you’re going to jail” Atwater then asked if she could take her scared frightened children to a friends house, and the
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Unformatted text preview: officer said you’re not going anywhere. Atwater was then arrested and taken to jail. IV. Legal Question: Does the 4 th amendment forbid a warrant less arrest for a minor criminal offense. Such as a misdemeanor seatbelt violation a. Police Officer b. Arrested Atwater for a misdemeanor seatbelt violation c. 4 th amendment against unreasonable seizure V. Opinion a. Majority: The Fourth amendment safeguards the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizure. If we were to derive a rule exclusively to address the uncontested facts of this case, Atwater might prevail. VI. Judgment: Affirmed...
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