The Supreme Court ruling that anchors one of the POP phrases. Plain-English summary below, with the precise phrase to invoke and when to use it.
The moment a stop escalates from observation into custody — even for an offense as minor as a seatbelt violation. Once you are arrested, every question from that point forward is custodial interrogation, and your right to counsel attaches. Say this clearly, then stop talking until your attorney is present.
The Supreme Court held that police may arrest a person for any criminal offense — including a minor misdemeanor carrying no jail time — as long as the arrest is supported by probable cause. The Fourth Amendment does not impose a requirement that the offense carry a minimum penalty before a full custodial arrest is allowed, and the Eighth Amendment's excessive-bail clause does not bar warrantless misdemeanor arrests. Atwater matters for the right to counsel the moment a stop escalates into an arrest, even over a seatbelt or other infraction most drivers would not expect to be arrested for.
Open Stop Mode on your phone — pinned phrase, recording timer, and live legal context.
Open Stop Mode