Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

Exercise 20

Furman was driving her truck down Main Street in her hometown without wearing a seatbelt. A police officer observed the seatbelt violation, pulled Furman over, placed her in his squad car, and drove her to the local police station, where she was made to remove her shoes and jewelry and empty her pockets. Officers took her mug shot and placed her alone in a jail cell for about an hour, after which she was taken before a judge and released on bond. She was charged with violating the seatbelt law, a misdemeanor. She pleaded no contest to the seatbelt misdemeanor and paid a $100 fine. Furman then filed suit, alleging that the actions of the town, the judge, and the police violated her Fourth Amendment right to be free from unreasonable seizure. She contended that rules forbade police officers to make warrantless misdemeanor arrests except in cases of breach of the peace tending toward violence. Is Furman correct?