How to read Ansche Hedgepeth’s french fry
Kim Lane Scheppele has a terrific discussion of what Roberts' opinion in the Hedgepeth v. WMATA says about how his views diverge from those of Sandra Day O'Connor.
Kim identifies two critical differences. Roberts doesn't share O'Connor's reservations about the constitutionality of full custodial arrests for extremely minor offenses. More importantly, Roberts doesn't seem sympathetic to O'Connor's desire to balance the demands of effective law enforcement against the constitutional liberties of non-violent offenders. Roberts believes that no balance is required. He maintains that if a police officer sees you committing a crime, no matter how minor, the officer has an unfettered right to arrest you.