NCJ Number
188983
Journal
American Jails Volume: 15 Issue: 1 Dated: March-April 2001 Pages: 23-24,26-27,28
Date Published
March 2001
Length
5 pages
Annotation
The case of Atwater v. City of Lago Vista, involves the arrest and jailing of a minor offender, is now before the United States Supreme Court and has implications for the work of the professionals who operate jails.
Abstract
A police office in Lago Vista, TX, arrested Gail Atwater for violating the State’s seat belt law. The police handcuffed Atwater, placed her in a patrol car, transported her to the police lockup, booked her, and placed her in a cell for almost an hour before obtaining her release in front of a magistrate. Atwater pled no contest to the seat belt violation and paid the fine. She also filed suit regarding the violation of her civil rights. The question presented to the Supreme Court asks whether the Fourth Amendment to the Constitution limits the use of custodial arrests for fine-only traffic offenses. The implications of the case were so compelling that a group of highly regarded corrections and law enforcement experts submitted an amicus brief in favor of Atwater’s position. The amicus brief commented on jails versus lockups, the increased administrative workload, booking bottlenecks, escalating physical risks to detainees, and the potential for the situation to become worse. Custodial arrests in minor cases also unnecessarily burden courts, magistrates, and pretrial release programs. The experts urged the Supreme Court to adopt a standard similar to those established by national organizations. This case could widen the net for minor offenders and could increase liability and administrative costs. This case may have made Supreme Court justices aware of some of the realities in jails and to concerns of corrections professionals, regardless of how the Court rules. Photograph and 7 references