Crimes & Misdemeanors
You're walking along a neighborhood street, close to the curb, on the right side . There is no sidewalk. An officer on routine patrol stops you because you're walking on the wrong side of the street. You argue that you didn't know which side of the street to walk on; you were just trying to get to cousin Mary's house. You further point out that there are no sidewalks. The officer says that he hears you, but he's going to arrest you nevertheless. You are bewildered, as you wonder, since when can an officer arrest me for walking on the wrong side of the street?
That's been the law in Texas for some time, but officers rarely use it. Aside from the merits of the substance of the law, punishment for its violation is by fine only (a class c misdemeanor). An officer is also authorized, if he so chooses, to arrest that person. I'm talking handcuffs and a free ride downtown. Would you make that arrest?
That's exactly what happened to Ms. Atwater as she drove the streets of Lago Vista, Texas. She was driving along with her two children (a five-year old and a three-year old), when officer Turek noticed that she wasn't wearing a seatbelt (a class c misdemeanor, punishable by a fine of not less than $25 nor more than $50). Officer Turek decided to stop Ms. Atwater (whose children were also not secured in their seats).
He (presumably) told her why he stopped her, and asked for a driver's license and proof of insurance (typical during all traffic stops). Ms. Atwater had neither; she said that both had been stolen the day before (whatever).
Officer Turek mentioned that he had heard that one a hundred times, or so. At that point, he decided to arrest her. The kids were left with a neighbor (they were also very upset, as one might expect).
Ms. Atwater was jailed for about an hour, and released on bond. She was charged wtih everything possible - driving with no driver's license, no insurance, not wearing a seatbelt. Ultimately, she pleaded no contest to not wearing a seatbelt, and all of the other charges were dismissed.
I suppose that she pondered for awhile what had happened to her, and decided that it wasn't quite kosher. Ms. Atwater filed a lawsuit. Her claim? That the city of Lago Vista and its police chief, had violated her fourth amendment "right to be free from unreasonable seizure." What she wanted from the city and the chief were compensatory and punitive damages.
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