Doctor Trevor
Well-Known Member
It might be a state-by-state thing:
What Is a “Pretext” Stop?
A “pretext” traffic stop is where police have reasonable suspicion to pull a driver over, but really have some other motive for doing so. For instance, an officer might suspect a driver is involved in drug dealing and use a minor traffic violation as an excuse to make a stop. The officer then uses the traffic detention as an opportunity to investigate for drugs. Can evidence the officer finds during such a stop be legally used against the driver in court?
In Whren v. U.S., the Supreme Court said yes. The Court held that a traffic stop is legal—at least at its inception—if it was supported by an objectively reasonable basis. In other words, the officer’s subjective motives aren’t part of the equation. (517 U.S. 806 (1996).)
However, some state laws provide drivers with more expansive rights by making the officer's subjective beliefs part of the equation. In these states, an officer's pretextual motives for pulling someone over could make the stop illegal and result in any evidence that was obtained being thrown out by the judge.
Unlawful Vehicle Searches & Seizures
Learn about traffic stops and vehicle searches under the 4th Amendment. What is an illegal search and seizure of a vehicle? When can police search your car?
www.lawyers.com
What Is a “Pretext” Stop?
A “pretext” traffic stop is where police have reasonable suspicion to pull a driver over, but really have some other motive for doing so. For instance, an officer might suspect a driver is involved in drug dealing and use a minor traffic violation as an excuse to make a stop. The officer then uses the traffic detention as an opportunity to investigate for drugs. Can evidence the officer finds during such a stop be legally used against the driver in court?
In Whren v. U.S., the Supreme Court said yes. The Court held that a traffic stop is legal—at least at its inception—if it was supported by an objectively reasonable basis. In other words, the officer’s subjective motives aren’t part of the equation. (517 U.S. 806 (1996).)
However, some state laws provide drivers with more expansive rights by making the officer's subjective beliefs part of the equation. In these states, an officer's pretextual motives for pulling someone over could make the stop illegal and result in any evidence that was obtained being thrown out by the judge.
