Atwater v. City of Lago Vista

• Author: Jeffery T. Walker,Kristi M. McKinnon
• Published date: 01 May 2003
• Date: 01 May 2003
• DOI: http://doi.org/10.1177/1043986203251619

10.1177/1043986203251619ARTICLEJournal of Contemporary Criminal Justice / May 2003Walker, McKinnon /ATWATER v. LAGO VISTA

Atwater v. City of Lago Vista

Police Authority to Make Warrantless Misdemeanor Arrests

JEFFERY T. WALKER

KRISTI M. MCKINNON

University of Arkansas at Little Rock

Since the early 1990s, the Supreme Court has increased the influence of the police through a

series of court cases. Atwater v.City of Lago Vista held that the Fourth Amendment does not for-

bid a warrantless arrest for a minor criminal offense punishable only by a fine.This case will be

discussed as it relates to the current climate of policing and the Supreme Court. The potential

implications for police and the public will also be addressed.

Keywords: police; law; warrantless arrest; Fourth Amendment

Supreme Court decisions in the 1990s had the effect of expanding the

authority of police. Although the primary area of expansion related to

automobile stops, especially as they applied in the war on drugs (see

Hemmens, 2002), there was also some strengthening of police powers in

warrantless arrests. Before the decision in Atwater v. City of Lago Vista

(2001), misdemeanor arrests for minor trafficviolations had not been directly

addressed by the Supreme Court, although common law (arguably) pre-

vented officers from making warrantless arrests for misdemeanor offenses.

Atwater gave police the authority to arrest the driver of a vehicle for viola-

tions punishable only by a monetary fine (Urbonya, 2001). In doing so, the

Supreme Court interpreted the Fourth Amendment in a broader sense and

widened the authority of police in traffic-related stops (Urbonya, 2001).

Following the decision in Atwater (2001), there was a plethora of media

articles and other opinion pieces both supporting and criticizing the decision.

Expectedly, there were also a number of legal reviews of the case. None of

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Journal of Contemporary Criminal Justice, Vol. 19 No. 2, May 2003239-252

DOI: 10.1177/1043986203251619

© 2003 Sage Publications