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Atwater v. City of Lago Vista
Citations: 195 F.3d 242; 1999 WL 1016304Docket: No. 98-50302
Court: Court of Appeals for the Fifth Circuit; November 23, 1999; Federal Appellate Court
Gail Atwater and Michael Haas, representing their children, appealed the district court's summary judgment favoring Officer Bart Turek, Police Chief Frank Miller, and the City of Lago Vista following Atwater's arrest for seat belt violations and other offenses. A prior panel of the court reversed part of the district court's decision regarding Atwater's Fourth Amendment unreasonable seizure claim, asserting that Turek was not entitled to qualified immunity. The court granted rehearing en banc to further evaluate the situation. In determining the constitutionality of Atwater's arrest, the court must balance the severity of the intrusion on individual rights against the government’s justification for that intrusion. Generally, if an arrest is supported by probable cause, the action is deemed reasonable unless it is executed in an "extraordinary manner" that significantly harms privacy or safety. After reviewing the case, the court concluded that Officer Turek had probable cause for the arrest, as Atwater admitted to not wearing her seat belt and failing to secure her children, thus violating Texas law. The officer was authorized to make a warrantless arrest based on the circumstances known at the time. Officer Turek's arrest of Atwater was deemed reasonable under the Fourth Amendment, as there was no evidence that the arrest was conducted in an extraordinary or harmful manner to Atwater's privacy interests. The only physical interaction involved was the handcuffing, and Atwater did not sustain physical harm during the arrest. The court affirmed the district court's summary judgment on Atwater and Haas's claims, which included allegations of deprivation of constitutional rights, excessive force, false imprisonment, inadequate training, failure to supervise, emotional distress, assault and battery, negligent hiring, conspiracy, and common fund. Atwater attempted to introduce a common law rule regarding warrantless arrests of misdemeanants in her en banc brief, a point she did not raise at earlier stages of the case, leading to a waiver of this argument. The panel had previously considered this common law rule but did not base its ruling on it. The court noted that to succeed on a new argument raised for the first time on appeal, a clear error affecting substantial rights must be demonstrated, which Atwater failed to do. Additionally, the court found no supportive case law for Atwater's position that warrantless misdemeanor arrests are invalid if based on probable cause, noting that courts generally uphold such arrests under similar circumstances. In Barry v. Fowler, the Ninth Circuit clarified that the requirement for a misdemeanor to occur in an officer's presence for warrantless arrests is not mandated by the Fourth Amendment. The Fourth Circuit in Street v. Surdyka supported this interpretation, asserting that warrantless arrests for misdemeanors committed outside an officer's view are permissible under the Fourth Amendment. The District Court found that the officers had probable cause to believe the petitioners violated traffic laws, making the stop reasonable under the Fourth Amendment. Specifically, Section 545.413 of the Texas Transportation Code states that individuals aged 15 or older must be secured by a safety belt while riding in the front seat of a passenger vehicle. The court determined that Officer Turek's arrest of Atwater did not violate the Fourth Amendment, eliminating the need to consider Officer Turek's qualified immunity or the liability of the City of Lago Vista. Municipal liability requires that a municipal policy or custom be the moving force behind the violation of federally protected rights. The precedent established in Whren indicates that arrests based on probable cause are generally reasonable, as the government's interest in law enforcement outweighs individual privacy rights. An arrest is only deemed unreasonable if conducted in an extraordinary manner that significantly harms an individual's privacy or physical interests, which was not the case here. Both parties agreed that Officer Turek had probable cause to arrest Atwater, who acknowledged she and her children were not wearing seat belts, thus violating Texas law. Officer Turek had the discretion to arrest Atwater without a warrant. Probable cause for a warrantless arrest exists when the totality of facts known to a police officer at the time is sufficient for a reasonable person to conclude that an offense has been committed or is ongoing. In the case of Atwater, it was determined that Officer Turek’s arrest was reasonable under the Fourth Amendment, as it was based on probable cause and did not infringe upon Atwater’s privacy in an extraordinary or harmful way. Atwater did not experience physical harm during the arrest, and the only physical contact involved handcuffing. The district court's summary judgment was affirmed on all claims brought by Atwater and Haas, which included allegations of deprivation of constitutional rights, excessive force, false imprisonment, inadequate training, failure to supervise, intentional infliction of emotional distress, assault and battery, grossly negligent hiring, conspiracy to violate constitutional rights, and a common fund claim. Atwater raised a new argument regarding the common law rule governing warrantless arrests for misdemeanors in her en banc brief, which was not presented to the district court or the original panel. The panel noted the common law rule but declined to rely on it for their decision. Atwater's failure to previously raise this issue resulted in a waiver of her right to pursue it further. To succeed on a newly raised issue on appeal, an appellant must demonstrate a clear error affecting substantial rights. Additionally, no cases have been cited where courts have invalidated warrantless misdemeanor arrests supported by probable cause based on the common law rule, as courts generally uphold such arrests. Neither the Supreme Court nor the Fifth Circuit has ruled that the Fourth Amendment prohibits warrantless arrests for misdemeanors not witnessed by the arresting officer. A Fourth Amendment challenge to a misdemeanor arrest was rejected, as probable cause existed despite the potential violation of the plaintiff's state right regarding arrest procedures for misdemeanants. The court upheld that the U.S. Constitution does not require a warrant for misdemeanors not witnessed by the arresting officer. Key precedents affirm that the Fourth Amendment does not necessitate that a misdemeanor occur in an officer's presence for warrantless arrests. In this case, the District Court determined that officers had probable cause to believe the petitioners violated the traffic code, making the stop reasonable under the Fourth Amendment. Specifically, under Texas Transportation Code § 545.413, a person commits an offense if they are at least 15 years old, in the front seat of a car, in a seat equipped with a safety belt, but not secured by it. The court concluded that Officer Turek's arrest of Atwater did not violate the Fourth Amendment, negating the need to consider Officer Turek's entitlement to qualified immunity or the liability of the City of Lago Vista. Additionally, municipal liability under § 1983 can occur when a municipal policy or custom is the "moving force" behind a violation of federally protected rights.