Page 143 - North Carolina 2020 Legal Guide
P. 143
Task: Car Stop Based on Pretext
Whren v. United States, 517 U.S. 806 (1996).
The fact that the particular officer used the traffic violation as an
excuse to stop the vehicle for investigative purposes does not make
the stop unlawful under the 4 Amendment if some objectively
th
reasonable police officer would have stopped the vehicle for the
violation in question.
Caution: Traffic stops based upon an impermissible classification such
as race may still be challenged under the Constitution’s Equal
Protection Clause.
©2020 Jack Ryan Legal & Liability Risk Management Institute 142
