Police Authority Essay

Total Length: 664 words ( 2 double-spaced pages)

Total Sources: 1+

Page 1 of 2

Atwater v. City of Lago Vista

Supreme Court's decision in Atwater v. City of Lago Vista (Atwater v. City of Lago Vista, 2001) has been highly criticized. Interestingly, the case has been criticized by conservatives and liberals alike. Even for the most ardent law and order advocate, the fact that the Court ratified the authority of the police to jail someone for what was a fine-only offense. The potential for abuse by allowing such process means that the police are now free to arrest and search any person and their vehicle driving on public streets and highways. Atwater represented a further expansion of police authority in regard to traffic stops and essentially has opened the way for police officers to arrest individuals for very minor offenses in order to open the door for investigating more serious crimes for which they would otherwise not have authority to arrest. The potential for abuse should be obvious in that nearly every time any given driver takes to the road some minor traffic law is violated.
Given the broad powers afforded the police in Atwater any targeted offender who the police are anxious to arrest is now easily apprehended and detained regardless of the minor nature of his alleged offense. In essence, the Atwater decision has removed the element of probable cause from the arrest and detention process at least as it pertains to vehicle stops.

In light of the profound possibility for abuse following the Supreme Court's decision in Atwater, it is difficult to understand how the Court could have considered such procedure to "reasonable" as required by the Fourth Amendment. As argued in the strong dissent presented Justice O'Connor, the majority's decision in Atwater was a "pointless indignity' that served no discernible state interest (Atwater: p.360.)." In the final analysis, Atwater is bad case law that has expanded police authority beyond the limits of fairness and represents an infringement on the Fourth Amendment rights of every American citizen.

2. Consensual Search

Traditionally, valid consent….....

Show More ⇣


     Open the full completed essay and source list


OR

     Order a one-of-a-kind custom essay on this topic


Related Essays

Killing Consensus About Sao Paolo and Violence

police authority part of a "democratic" system but it won't be democratic, it only serves to legitimize the use of violence and force and would prevent police oversight. Typical methods of mobilization such as striking do not work in this case; what about the "regular" police caught between two conflicting ideals? It seems there are two conflicting needs: the need for democracy, openness, accountability, transparency on the one hand, and for security, law and order structures, and stability on the other. His Op-Ed makes waves. He is interviewed by Brazilian… Continue Reading...

sample essay writing service

Cite This Resource:

Latest APA Format (6th edition)

Copy Reference
"Police Authority" (2012, February 15) Retrieved June 5, 2026, from
https://www.aceyourpaper.com/essays/police-authority-54278

Latest MLA Format (8th edition)

Copy Reference
"Police Authority" 15 February 2012. Web.5 June. 2026. <
https://www.aceyourpaper.com/essays/police-authority-54278>

Latest Chicago Format (16th edition)

Copy Reference
"Police Authority", 15 February 2012, Accessed.5 June. 2026,
https://www.aceyourpaper.com/essays/police-authority-54278