WebJun 15, 2012 · a) Objective Determination (Pretextual Stops) - Ascertaining “specific and articulable facts” is an objective determination. In other words, it doesn't matter when or why a peace officer decides to stop a driver as long as sufficient objective facts justifying the stop exist at the time the stop occurs.34 A Webpretext: [noun] a purpose or motive alleged or an appearance assumed in order to cloak the real intention or state of affairs.
Pretext - Wikipedia
Web4 Compare the definition used by the district court in United States v. Ferguson and restated by the Sixth Circuit: "[A] pretextual stop occurs when the police use a legal justification to make the stop in order to search a person or place in connection with an unrelated crime as to which they lack reasonable suspicion." WebFeb 9, 2024 · 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 ... clip brushes
Pretext Traffic Stops: Whren v. United States
WebThe Tenth Circuit Court of Appeals has provided a useful definition of a pretextual stop: A pretextual stop occurs when the police use a legal justification to make the stop in order to search a person or place, or to interrogate a person, for an unrelated serious crime for which they do not have the reasonable suspicion necessary to support a ... WebPretextual stops erode trust for two reasons, according to Blanks. First, “the stop itself is based on an officer’s hunch that very often has a racial component”—whether real or … WebThe law calls it a "pretext stop." Pretext Stop and the Mixed-Motive Stop. The United States Supreme Court has long recognized that pretext stops are lawful so long as there is actually a traffic infraction, such as speeding, committed. Washington State, on the other hand, outlawed pretext stops when the Washington Supreme Court decided State v. clipbucket hosting