Page 146 - Critical Tasks in Law Enforcement 2020-2021 Sessioin

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
th
the stop unlawful under the 4 Amendment if some objectively

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.

©2021 Jack Ryan Legal & Liability Risk Management Institute 145