Atwater V. The City of Lago Vista :: essays research papers

Atwater V. The City of Lago VistaIn Texas its illegal to drive or have any other passengers in the car seatbelt less, mainly children riding in the front seat. Mrs. Atwater was driving in Lago Vista, Texas with her children in the front seat and nobody wearing a seatbelt. A Lago Vista police officer observed the seatbelt violations and pulled her over. After that he verbally berated her, handcuffed her, put her in the squad car, and drove her to the police station, where she was searched extensively. Officers then hook her mug shot and put her in a jail prison cell for an hour before she was taken to a magistrate and released on bond. She was charged with the seatbelt violations with most other charges as well. She pleaded no contest to the seatbelt misdemeanors and paid a $50 fine. Atwater and her husband filed suit under 42 U.S.C SS 1983 alleging, inter alia, that the actions of respondents had violated her fourthly Amendment right to be free from unreasonable seizure.They shou ld have never arrested her to develop with, although the whole seatbelt violation law is good it shouldnt be use with excessive force as it was in this case. A fine is really suitable because its a reminder if you ever get iodin because youll surely wear one after the fine. The main reason it happened to bulge out with is because it was in a small town and the police officer was both bored or wanted the general public to know that hes cracking down on the seatbelt violation law.Theres not much relation to class with this case unfortunately.