Court allows jail time for minor offenses
Supreme
Court rules police can arrest a mother for not making kids
wear seatbelts.
By
Warren Richey
Staff writer of The Christian Science Monitor
April 25, 2001
WASHINGTON
Buckle up, if you want to stay out of jail. And
you'd better not litter, either, or it's off to the slammer.
That is the gist of an important ruling
announced yesterday by the US Supreme Court that gives a green
light to police officers nationwide to arrest and jail people
even for the most minor infractions.
The decision upholds the arrest of a Texas
mother who was handcuffed and taken to jail in front of her two
young children because they were not wearing seatbelts.
Civil libertarians see the decision as a major
setback to Fourth Amendment protections.
In a second important ruling, the nation's
highest court made it significantly more difficult for
minorities and other groups to win discrimination lawsuits in
federal court based on broad claims of disparate treatment.
That decision relates to a challenge of
Alabama's English-only driving-license tests by Spanish-speaking
residents who complained that the language restrictions were a
form of discrimi- nation based on national origin.
A sharply divided court ruled that private
individuals are not empowered to enforce, via private lawsuits,
disparate-impact regulations under Title VI of the Civil Rights
Act of 1964.
In the Texas seatbelt case, the court split 5 to
4 over whether Bart Turek, a police officer with the Lago Vista
police department, violated the constitutional guarantee against
unreasonable searches and seizures when he arrested Gail Atwater
in March 1997.
Driving without fastening a seatbelt is
punishable under state law by a $50 fine - but provides for no
jail sentence.
No heavy handed action
But the high court ruled that Officer Turek
acted reasonably when he placed Mrs. Atwater under arrest and
took her to jail. "If an officer has probable cause to
believe that an individual has committed even a very minor
criminal offense in his presence, he may, without violating the
Fourth Amendment, arrest the offender," writes Justice
David Souter in the majority opinion.
"Atwater's arrest was surely humiliating,
but it was no more harmful to her privacy or physical interests
than the normal custodial arrest," Justice Souter writes.
"The arrest and booking were inconvenient and embarrassing
to Atwater, but not so extraordinary as to violate the Fourth
Amendment."
Souter was joined by Chief Justice William
Rehnquist, and Justices Antonin Scalia, Anthony Kennedy, and
Clarence Thomas.
In a sharply worded dissent, Justice Sandra Day
O'Connor said the police officer's actions were anything but
reasonable. "There is no question that Officer Turek's
actions severely infringed Atwater's liberty and privacy,"
she writes. "Turek was loud and accusatory from the moment
he approached Atwater's car. Atwater's young children were
terrified and hysterical."
Justice O'Connor's dissent was joined by
Justices John Paul Stevens, Ruth Bader Ginsburg, and Stephen
Breyer.
At issue in the case was whether the officer
should have simply written Atwater a summons and allowed her to
contest the ticket in court or pay it, or whether the officer
attempted to mete out his own form of justice by subjecting the
mother to the humiliation of being handcuffed and jailed for a
relatively minor infraction.
Don't mint new rules
The police department argued that the officer
acted properly because he saw Atwater and her children driving
without their seat belts fastened and had once before stopped
her for the same offense.
Justice Souter writing for the majority said
that Atwater was asking the court to "mint a new rule of
constitutional law" that would permit judges to strike a
balance between individual and societal interests on a case by
case basis.
"If we were to derive a rule exclusively to
address the uncontested facts of this case, Atwater might well
prevail," Souter writes. "In her case, the physical
incidents of arrest were merely gratuitous humiliations imposed
by a police officer who was (at best) exercising extremely poor
judgment."
But Souter concluded that a case-by-case
approach would not lend itself to consistent constitutional
review.
O'Connor disagreed. "The per se rule that
the court creates has potentially serious consequences for the
everyday lives of Americans," she says. "The majority
gives officers unfettered discretion to choose that course
without articulating a single reason why such action is
appropriate."
"Such action carries with it grave
potential for abuse," she writes. "As the recent
debate over racial profiling demonstrates all too clearly, a
relatively minor traffic infraction may often serve as an excuse
for stopping and harassing an individual. After today, the
arsenal available to any officer extends to a full arrest and
the searches permissible concomitant to that arrest."
Origin of driver-license case
Deciding the Alabama civil rights case, the
court also divided 5 to 4, but with O'Connor in the majority and
Souter in the minority.
The case, Alexander v. Sandoval, stems from a
class-action lawsuit filed by Martha Sandoval, a permanent US
resident from Mexico challenging Alabama's English-only
driving-license test as an illegal form of discrimination based
on her national origin.
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