In the case City of Castle Rock v. Gonzales Gonzales (2005), the Supreme Court majority ruled that Gonzales' Fourteenth Amendment had not been violated. The Fourteenth Amendment states that a state may not “deprive any person of life, liberty, or property, without due process of law. Plaintiff Gonzales argued that her due process was violated because law enforcement failed to protect her real estate interests, the restraining order is a court-issued protective order that defines a right to the enforcement of her order (Town of Castle Rock v. Gonzales, 2005) . Gonzales made several calls to the City of Castle Rock Police Department claiming that her ex-husband violated the restraining order against her by taking their three children without her approval. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay Justice Scalia's opinion stated that it is up to the discretion of police officers to arrest the subject of the order because Colorado law did not create specific laws relating to personal right to law enforcement (Town of Castle Rock v Gonzales, 2005). No mandatory action has been declared that would take effect if a violation by the subject occurred. The restraining order issued to the plaintiff by a state court had preprinted language on the back of the order for the restrained party. and for law enforcement officials who state: “The officer will use all reasonable means to enforce this restraining order. You will need to arrest or seek an arrest warrant for the person detained when probable cause is identified as a violation (Town of Castle Rock v. Gonzales, 2005). Please note: this is just an example. Get a custom paper from our expert writers now. Get a Custom Essay Justice Scalia had the best opinion on the Gonzales case because the restraining order that was issued does not necessarily state that the police must arrest the subject. The term “shall” identifies non-mandatory action; the restraining order gives law enforcement the ability to use their discretion in the situation and use the best method they see fit. The police officers used their discretion to assess the severity of the situation by telling Gonzales to call them if the children had not arrived by 10pm that night and when she did, they told her to call at midnight. Although Gonzales said, officers enforcing the restraining order did not have probable cause because in the restraining order, the subject's whereabouts were unknown and he had the opportunity to spend time with his three children. Police officers' only discretionary option would be to have probable cause to obtain a warrant because the subject's location was unknown. The Fourteenth Amendment Gonzales was not violated because a restraining order is not considered a pecuniary interest because it can be accepted or denied at any time there are no claims on this government benefit, even the police officers used their discretion and their actions were not harmful.