atwater
et
al
city
lago
vista
et
argued
december
decided
april
texas
law
makes
misdemeanor
punishable
fine
either
passenger
car
equipped
safety
belts
wear
one
driver
fail
secure
small
child
riding
front
warrantless
arrest
anyone
violating
provisions
expressly
authorized
statute
police
may
issue
citations
lieu
arrest
petitioner
atwater
drove
truck
lago
vista
texas
small
children
front
seat
none
wearing
seatbelt
respondent
turek
lago
vista
policeman
observed
seatbelt
violations
pulled
atwater
verbally
berated
handcuffed
placed
squad
car
drove
local
police
station
made
remove
shoes
jewelry
eyeglasses
empty
pockets
officers
took
mug
shot
placed
alone
jail
cell
hour
taken
magistrate
released
bond
charged
among
things
violating
seatbelt
law
pleaded
contest
seatbelt
misdemeanors
paid
fine
husband
collectively
atwater
filed
suit
alleging
inter
alia
actions
respondents
collectively
city
violated
fourth
amendment
right
free
unreasonable
seizure
given
admission
violated
law
absence
allegation
harmed
detained
way
inconsistent
law
district
ruled
fourth
amendment
claim
meritless
granted
city
summary
judgment
sitting
en
banc
fifth
circuit
affirmed
relying
whren
observed
although
fourth
amendment
generally
requires
balancing
individual
governmental
interests
result
rarely
doubt
arrest
based
probable
cause
one
disputed
turek
probable
cause
arrest
atwater
evidence
arrest
conducted
extraordinary
manner
unusually
harmful
atwater
privacy
interests
held
arrest
unreasonable
fourth
amendment
purposes
held
fourth
amendment
forbid
warrantless
arrest
minor
criminal
offense
misdemeanor
seatbelt
violation
punishable
fine
pp
reading
fourth
amendment
guided
traditional
protections
unreasonable
searches
seizures
afforded
common
law
time
framing
wilson
arkansas
atwater
contends
rules
forbade
officers
make
warrantless
misdemeanor
arrests
except
cases
breach
peace
category
claims
understood
narrowly
covering
nonfelony
offenses
involving
tending
toward
violence
although
argument
insubstantial
ultimately
fails
pp
even
making
allowance
variations
prefounding
english
usage
breach
peace
rules
nearly
clear
atwater
claims
pp
review
relevant
english
decisions
well
english
colonial
american
legal
treatises
legal
dictionaries
procedure
manuals
demonstrates
disagreement
unanimity
respect
officers
warrantless
misdemeanor
arrest
power
one
side
eminent
authorities
support
atwater
position
common
law
confined
warrantless
misdemeanor
arrests
actual
breaches
peace
see
queen
tooley
ld
raym
eng
however
also
considerable
evidence
broader
conception
misdemeanor
arrest
authority
unlimited
condition
see
holyday
oxenbridge
cro
car
eng
hale
history
pleas
crown
thus
convinced
atwater
correct
even
necessarily
better
reading
history
pp
ii
second
equally
serious
problem
atwater
historical
argument
posed
various
statutes
enacted
parliament
well
republic
founding
authorized
peace
officers
even
private
persons
make
warrantless
arrests
sorts
relatively
minor
offenses
unaccompanied
violence
including
among
others
nightwalking
unlawful
profane
cursing
negligent
pp
examination
specifically
american
evidence
effect
neither
history
framing
era
subsequent
legal
development
indicates
fourth
amendment
originally
understood
traditionally
read
embrace
atwater
position
pp
atwater
cited
particular
evidence
framed
ratified
fourth
amendment
sought
limit
peace
officers
warrantless
misdemeanor
arrest
authority
instances
actual
breach
peace
review
documentary
history
likewise
failed
reveal
design
modern
historical
accounts
fourth
amendment
adoption
substantial
indication
framers
intended
restriction
indeed
extent
modern
histories
address
issue
conclusions
contrary
evidence
actual
practice
also
counsels
atwater
position
period
leading
surrounding
framing
bill
rights
colonial
state
legislatures
like
parliament
regularly
authorized
local
officers
make
warrantless
misdemeanor
arrests
without
breach
peace
condition
fourth
amendment
originally
apply
make
state
practice
irrelevant
unearthing
amendment
original
meaning
number
state
constitutional
provisions
served
models
fourth
amendment
fact
many
original
constitutional
limitations
continued
grant
officers
broad
warrantless
misdemeanor
arrest
authority
undermines
atwater
position
given
early
state
practice
likewise
troublesome
atwater
view
one
year
fourth
amendment
ratification
congress
gave
federal
marshals
powers
execute
federal
law
sheriffs
execute
state
law
pp
ii
atwater
argument
tradition
aided
historical
record
unfolded
since
framing
indication
claimed
rule
ever
become
woven
fabric
american
law
wilson
supra
story
fact
contrary
first
little
said
warrantless
misdemeanor
arrest
authority
tends
cut
atwater
argument
see
watson
second
case
early
american
courts
embraced
accepted
rule
anything
approaching
unanimity
see
wilson
supra
none
decisions
cited
atwater
ultimately
availing
point
numerous
state
decisions
expressly
sustaining
often
constitutional
challenge
state
local
laws
authorizing
peace
officers
make
warrantless
arrests
misdemeanors
involving
breach
peace
finally
legal
commentary
century
almost
uniformly
recognized
constitutionality
extending
warrantless
arrest
power
misdemeanors
without
limitation
breaches
peace
small
wonder
today
statutes
district
columbia
permit
arrests
least
peace
officers
host
congressional
enactments
pp
rejects
atwater
request
mint
new
rule
constitutional
law
forbidding
custodial
arrest
even
upon
probable
cause
conviction
ultimately
carry
jail
time
government
show
compelling
need
immediate
detention
reasons
historical
practice
fails
speak
conclusively
fourth
amendment
claim
courts
must
strike
current
balance
individual
societal
interests
subjecting
particular
contemporary
circumstances
traditional
standards
reasonableness
see
wyoming
houghton
atwater
might
well
prevail
rule
derived
exclusively
address
uncontested
facts
case
since
claim
live
free
pointless
indignity
confinement
clearly
outweighs
anything
city
raise
specific
however
traditionally
recognized
responsible
fourth
amendment
balance
well
served
standards
requiring
sensitive
determinations
government
need
lest
every
discretionary
judgment
field
converted
occasion
constitutional
review
see
robinson
complications
arise
moment
consideration
given
possible
applications
several
criteria
atwater
proposes
drawing
line
minor
crimes
limited
arrest
authority
others
restricted
assertion
difficulties
alleviated
simply
requiring
police
doubt
arrest
unavailing
first
tie
breaker
practice
amount
constitutionally
inappropriate
limitation
see
skinner
railway
labor
executives
second
whatever
guidance
tie
breaker
might
give
come
price
systematic
disincentive
arrest
situations
even
atwater
concedes
arresting
serve
important
societal
interest
warrantless
misdemeanor
arrests
demand
constitutional
attention
atwater
seeks
indicated
number
factors
including
law
never
jelled
way
atwater
anyone
arrested
without
formal
process
entitled
magistrate
review
probable
cause
within
hours
county
riverside
mclaughlin
many
jurisdictions
chosen
impose
restrictive
safeguards
statutes
limiting
warrantless
arrests
minor
offenses
police
interest
limit
arrests
carry
costs
great
incur
without
good
reason
current
doctrine
preference
categorical
treatment
fourth
amendment
claims
gives
way
individualized
review
defendant
makes
colorable
argument
arrest
without
warrant
conducted
extraordinary
manner
unusually
harmful
privacy
physical
interests
whren
officer
may
arrest
individual
without
violating
fourth
amendment
probable
cause
believe
offender
committed
even
minor
criminal
offense
officer
presence
pp
atwater
arrest
satisfied
constitutional
requirements
undisputed
turek
probable
cause
believe
atwater
committed
crime
presence
admits
neither
children
wearing
seat
belts
turek
authorized
though
required
make
custodial
arrest
without
balancing
costs
benefits
determining
whether
atwater
arrest
sense
necessary
arrest
made
extraordinary
manner
unusually
harmful
privacy
physical
interests
see
whren
whether
search
seizure
extraordinary
turns
else
manner
executed
see
ibid
atwater
arrest
subsequent
booking
though
surely
humiliating
harmful
interests
normal
custodial
arrest
pp
affirmed
souter
delivered
opinion
rehnquist
scalia
kennedy
thomas
joined
filed
dissenting
opinion
stevens
ginsburg
breyer
joined
gail
atwater
et
petitioners
city
lago
vista
et
al
writ
certiorari
appeals
fifth
circuit
april
justice
souter
delivered
opinion
question
whether
fourth
amendment
forbids
warrantless
arrest
minor
criminal
offense
misdemeanor
seatbelt
violation
punishable
fine
hold
texas
car
equipped
safety
belts
passenger
must
wear
one
tex
tran
code
ann
driver
must
secure
small
child
riding
front
violation
either
provision
misdemeanor
punishable
fine
less
texas
law
expressly
authorizes
ny
peace
officer
arrest
without
warrant
person
found
committing
violation
seatbelt
laws
although
permits
police
issue
citations
lieu
arrest
march
petitioner
gail
atwater
driving
pickup
truck
lago
vista
texas
son
daughter
front
seat
none
wearing
seatbelt
respondent
bart
turek
lago
vista
police
officer
time
observed
seatbelt
violations
pulled
atwater
according
atwater
complaint
allegations
assume
true
present
purposes
turek
approached
truck
yell
ed
something
effect
met
ou
going
jail
app
called
backup
asked
see
atwater
driver
license
insurance
documentation
state
law
required
carry
tex
tran
code
ann
atwater
told
turek
papers
purse
stolen
day
turek
said
heard
story
times
app
atwater
asked
take
frightened
upset
crying
children
friend
house
nearby
turek
told
ou
going
anywhere
ibid
turned
atwater
friend
learned
going
soon
arrived
take
charge
children
turek
handcuffed
atwater
placed
squad
car
drove
local
police
station
booking
officers
remove
shoes
jewelry
eyeglasses
empty
pockets
officers
took
atwater
mug
shot
placed
alone
jail
cell
one
hour
taken
magistrate
released
bond
atwater
charged
driving
without
seatbelt
fastened
failing
secure
children
seatbelts
driving
without
license
failing
provide
proof
insurance
ultimately
pleaded
contest
misdemeanor
seatbelt
offenses
paid
fine
charges
dismissed
atwater
husband
petitioner
michael
haas
filed
suit
texas
state
turek
respondents
city
lago
vista
chief
police
frank
miller
far
concerns
us
petitioners
simply
call
atwater
alleged
respondents
simplicity
city
violated
atwater
fourth
amendment
right
free
unreasonable
seizure
app
sought
compensatory
punitive
damages
city
removed
suit
district
western
district
texas
given
atwater
admission
violated
law
absence
allegation
harmed
detained
way
inconsistent
law
district
ruled
fourth
amendment
claim
meritless
granted
city
summary
judgment
motion
ca
ss
wd
app
pet
cert
panel
appeals
fifth
circuit
reversed
concluded
arrest
seat
belt
offense
unreasonable
seizure
within
meaning
fourth
amendment
held
turek
entitled
qualified
immunity
sitting
en
banc
appeals
vacated
panel
decision
affirmed
district
summary
judgment
city
relying
whren
en
banc
observed
although
fourth
amendment
generally
requires
balancing
individual
governmental
interests
arrest
based
probable
cause
rare
exceptions
result
balancing
doubt
quoting
whren
supra
either
party
dispute
officer
turek
probable
cause
arrest
atwater
evidence
record
officer
turek
conducted
arrest
extraordinary
manner
unusually
harmful
atwater
privacy
interests
en
banc
held
arrest
unreasonable
fourth
amendment
purposes
quoting
whren
supra
three
judges
issued
dissenting
opinions
understanding
citation
usual
procedure
traffic
stop
situation
judge
reynaldo
garza
thought
atwater
arrest
unreasonable
since
particular
reason
taking
custody
judge
weiner
likewise
believed
even
probable
cause
officer
must
plausible
articulable
reason
making
custodial
arrest
judge
dennis
understood
fourth
amendment
incorporated
earlier
prohibition
warrantless
arrests
misdemeanors
amount
involve
breach
peace
ibid
granted
certiorari
consider
whether
fourth
amendment
either
incorporating
restrictions
misdemeanor
arrests
otherwise
limits
police
officers
authority
arrest
without
warrant
minor
criminal
offenses
affirm
ii
fourth
amendment
safeguards
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
reading
amendment
guided
traditional
protections
unreasonable
searches
seizures
afforded
common
law
time
framing
wilson
arkansas
since
examination
understanding
officer
authority
arrest
sheds
light
obviously
relevant
entirely
dispositive
consideration
framers
amendment
might
thought
reasonable
payton
new
york
omitted
thus
first
step
assess
atwater
claim
peace
officers
authority
make
warrantless
arrests
misdemeanors
restricted
common
law
whether
common
law
understood
strictly
law
judicially
derived
instead
whole
body
law
extant
time
framing
atwater
specific
contention
rules
forbade
peace
officers
make
warrantless
misdemeanor
arrests
except
cases
breach
peace
category
claims
understood
narrowly
covering
nonfelony
offenses
involving
tending
toward
violence
brief
petitioners
although
historical
argument
means
insubstantial
ultimately
fails
begin
state
english
common
law
find
even
making
allowance
variations
usage
term
breach
peace
rules
nearly
clear
atwater
claims
contrary
commentators
well
sparsely
reported
cases
reached
divergent
conclusions
respect
officers
warrantless
misdemeanor
arrest
power
moreover
years
leading
american
independence
parliament
repeatedly
extended
express
warrantless
arrest
authority
cover
offenses
amounting
involving
violent
breach
peace
atwater
historical
argument
begins
quotation
halsbury
carroll
cases
misdemeanor
peace
officer
like
private
person
common
law
power
arresting
without
warrant
except
breach
peace
committed
presence
reasonable
ground
supposing
breach
peace
committed
renewed
presence
quoting
halsbury
laws
england
isolated
quotation
tends
mislead
carroll
spoke
rule
sometimes
expressed
way
indeed
paragraph
conspicuously
omitted
reference
limitation
stating
usual
rule
common
law
police
officer
arrest
without
warrant
one
guilty
misdemeanor
committed
presence
thus
carroll
illustrates
others
recognized
statements
common
law
warrantless
misdemeanor
arrest
simply
uniform
rather
common
law
difference
opinion
among
authorities
whether
right
arrest
without
warrant
extends
misdemeanors
american
law
institute
code
criminal
procedure
commentary
one
side
divide
certainly
eminent
authorities
supporting
atwater
position
addition
lord
halsbury
quoted
carroll
james
fitzjames
stephen
glanville
williams
seemed
indicate
common
law
confined
warrantless
misdemeanor
arrests
actual
breaches
peace
see
stephen
history
criminal
law
england
common
law
authorise
arrest
persons
guilty
suspected
misdemeanours
except
cases
actual
breach
peace
either
affray
violence
individual
williams
arrest
breach
peace
crim
rev
apart
arrest
felony
power
arrest
common
law
respect
breach
peace
see
also
queen
tooley
ld
raym
eng
constable
arrest
sees
actual
breach
peace
affray
arrest
sir
william
blackstone
sir
edward
east
might
also
counted
atwater
side
although
spoke
sufficiency
breach
peace
condition
warrantless
misdemeanor
arrest
necessity
blackstone
recognized
common
law
constable
hath
great
original
inherent
authority
regard
arrests
respect
nonfelony
offenses
said
may
without
warrant
arrest
one
breach
peace
carry
justice
peace
blackstone
long
framing
fourth
amendment
east
characterized
peace
officers
arrest
power
much
way
constable
known
conservator
peace
may
lawfully
interpose
upon
view
prevent
breach
peace
quiet
affray
east
pleas
crown
great
commentators
unanimous
however
also
considerable
evidence
broader
conception
misdemeanor
arrest
authority
unlimited
condition
sir
matthew
hale
chief
justice
king
bench
wrote
history
pleas
crown
original
inherent
power
constable
arrest
without
warrant
breach
peace
misdemeanors
less
felony
hale
history
pleas
crown
hale
view
posthumously
published
reflected
understanding
dating
back
least
years
appearance
pleas
yet
sufficiently
authoritative
sustain
momentum
extending
well
beyond
framing
era
country
see
compleat
constable
may
breach
peace
misdemeanors
less
felony
imprison
man
burn
justice
peace
constable
may
common
law
treason
felony
breach
peace
misdemeanors
less
felony
committed
view
apprehend
supposed
offender
without
warrant
italics
original
chitty
practical
treatise
criminal
law
ed
constable
may
treason
felony
breach
peace
misdemeanors
less
felony
committed
view
apprehend
supposed
offender
virtiute
officii
without
warrant
russell
crimes
misdemeanors
ed
officer
may
arrest
person
presence
commits
misdemeanor
breach
peace
seen
later
view
warrantless
arrest
authority
extending
least
misdemeanors
beyond
breaches
peace
undoubtedly
informed
statutory
provisions
authorizing
arrests
reflected
common
law
strict
sense
well
holding
least
one
case
reported
hale
even
become
judge
like
hale
commentary
continued
cited
well
ratification
fourth
amendment
holyday
oxenbridge
cro
car
eng
king
bench
held
even
private
person
thus
fortiori
peace
needed
warrant
arrest
common
cheater
discovered
cozen
ing
false
dice
expressly
rejected
contention
warrantless
arrests
improper
unless
felony
said
instead
good
cause
staying
gambler
broadly
pro
bono
publico
stay
offenders
edition
nearest
date
constitution
framing
sergeant
william
hawkins
treatise
pleas
crown
generalized
holyday
reason
case
seems
follow
warrantless
arrest
offenders
offenses
like
manner
scandalous
prejudicial
public
may
justified
hawkins
ch
number
commentaries
shared
hawkins
broad
reading
holyday
see
law
arrests
ed
light
holyday
arrest
offender
crime
prejudicial
publick
seems
justifiable
cunningham
new
complete
law
dictionary
definition
arrest
jacob
law
dictionary
see
generally
greaves
law
arrest
without
warrant
criminal
law
consolidation
acts
lxiii
holyday
rested
upon
broad
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