Officer Turek Case Summary

Facts: The defendant in this case, Atwater, was pulled over by Officer Turek in Lago Vista, Texas. Atwater was pulled over due to the fact that neither she nor her children, who were sitting in the front seat, were wearing their seatbelts. Officer Turek verbally scolded Atwater, handcuffed her, placed her in his squad car, and drove her to the local police station. Upon arriving to the police station, she was forced to remove her jewelry, shoes, and eyeglasses and was instructed to empty her pockets as well. She was placed in an empty jail cell by police where she remained for about an hour.
Procedural History: Atwater stood in front of a magistrate and was allowed to be released on bond. She was charged with violating the seatbelt law in Lago Vista, Texas. She paid a $50 fine and pleaded no contest to the seatbelt misdemeanors. Atwater and her husband filed a suit claiming that the actions committed by Officer Turek had violated her Fourth Amendment rights to be free from unreasonable seizure. Ultimately, the District Court ruled that the arrest was not unreasonable for Fourth Amendment purposes. …show more content…
Holding: No. The actions of Officer Turek did not violate the defendants Fourth Amendment rights to be free from unreasonable seizure. The reason for this is because the Fourth Amendment does not prohibit a warrantless arrest for a minor criminal offense. A seatbelt violation is considered a minor criminal offense by law and is punishable only by a fine, therefore the seizure was