In the case of Colten v. Kentucky (1971), the United States Supreme Court upheld a conviction for disorderly conduct against Dwight Colten, who had been arrested during a civil rights demonstration in Hopkinsville, Kentucky. The court ruled that his arrest was not unconstitutional under the Fourth Amendment's protection against unreasonable searches and seizures because it occurred after he refused to leave an area where police were trying to control a crowd. Furthermore, they found no violation of due process as per Fourteenth Amendment since there was no evidence that state law enforcement deliberately discriminated between those who violated local ordinances and those who did not. This decision affirmed states' power to enforce laws necessary for maintaining public order while also underscoring citizens' responsibility to comply with lawful orders from police officers.

In the dissenting opinion for Colten v. Kentucky, Justice William O. Douglas argued that the majority's decision was a departure from established precedent regarding police powers and individual rights under the Fourth Amendment. He contended that allowing an officer to arrest someone without a warrant for a minor traffic violation committed outside of their presence is inconsistent with constitutional protections against unreasonable searches and seizures. Furthermore, he expressed concern about potential abuses of this expanded police power, particularly in relation to marginalized communities who may be disproportionately targeted or harassed by law enforcement officers exercising such discretion. In his view, permitting warrantless arrests for petty offenses could lead to serious infringements on personal liberty and privacy rights.