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Abstract

Argument: Tuesday, April 21, 1998
Decision: Monday, May 4, 1998
Issues: Judicial Power, Writ Improvidently Granted

Advocates

Kenneth N. Flaxman (on behalf of the Petitioner)
Patricia A. Millett (on behalf of the United States, as amicus curiae, supporting the Respondent)
David A. Strauss (on behalf of the Respondent)

Facts of the Case

Randall Ricci owns Rudeway Enterprises, a telemarketing business. After the Arlington Heights police department determined that Ricci lacked the required business license and that one of Ricci's employees had an outstanding warrant, officers went to Rudeway Enterprises to arrest the employee. While arresting the employee, the officers also searched Ricci's business papers without a warrant. Subsequently, Ricci was arrested for violating Section 9-201 of the Village of Arlington Heights Code of Ordinances, which makes it unlawful to operate a business without a license. Ultimately, Ricci filed a claim that the officers violated his civil rights by subjecting him to a full custodial arrest for committing a fine-only offense. The District Court dismissed the claim. Finding the arrest reasonable for Fourth Amendment purposes, the Court of Appeals rejected Ricci's argument that a full custodial arrest for violation of a fine-only ordinance is constitutionally permissible only if the violation involves a breach of the peace.

Question

May police officers who do not have a warrant arrest someone for a violation of a fine-only ordinance?

Conclusion

The Court did not answer the question. The Court dismissed the writ of certiorari as improvidently granted.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 9 votes for Village of Arlington Heights, 0 vote(s) against
Legal Provision: Writ Improvidently Granted
Voted with the majority
Rehnquist
Voted with the majority
Stevens
Voted with the majority
O'Connor
Voted with the majority
Scalia
Voted with the majority
Kennedy
Voted with the majority
Souter
Voted with the majority
Thomas
Voted with the majority
Ginsburg
Voted with the majority
Breyer
Per Curiam with Argument

Cite this page

The Oyez Project, Ricci v. Village of Arlington Heights, 523 U.S. 613 (1998),
available at: <http://www.oyez.org/cases/1990-1999/1997/1997_97_501/>
(last visited ).