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Pretext Stops
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Pretextual traffic stops are often used by law enforcement as a method to initiate a stop and search of automobiles suspected to involve criminal activity.
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The 1996 U.S. Supreme Court decision Whren v. United States widened police officer discretion in making traffic stops. Prior to Whren officers needed to be able to articulate probable cause about suspicion of drug activity if they made a traffic stop. ... Whren permits officers to make a pretextual stop, perhaps based on...
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The author of this article observed that in addition to the usual defense challenges to the factual bases for making seizures, defendants were increasingly challenging the validity of the seizures by asserting that the officers were using traffic-related stops as pretexts for conducting investigations into other offenses.
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First define what “pretextual stop” is. On what basis is it that Antonin Scalia in Whren et. al. v. United States (1996) holds that pretextual traffic stops ...
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Pretext stops occur when police become suspicious about a car or its occupants, and then use a minor traffic infraction as a legitimate excuse to learn more. The issue was raised during the public inquest into the Perez shooting.
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Timothy P. O'Neill (John Marshall Law School) has posted Vagrants in Volvos: Ending Pretextual Traffic Stops and Consent Searches of Vehicles in Illinois (Loyola University Chicago Law Journal, Vol. 40, p. 746, 2009) on SSRN. Here is the abstract:
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[*33] Since Mann, this Court has been inconsistent in its approach to allegations of pretextual stops, reflective of the varying federal standards before Whren, and we have been hesitant to establish a definitive standard.
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Other courts said that a pretextual traffic stop occurs when a driver is stopped for a commonly occurring traffic violation for which a reasonable officer would not normally make an arrest. ... In 1995, the Ohio Ninth District Court of Appeals ruled on pretextual stops in a Medina County case.
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Highway Profiling: Washington State Court Finds Pretextual Traffic Stops Illegal, Connecticut Governor Signs Anti-Profiling Bill Into Law 7/2/99 ... Pretextual traffic stops that lead to searches and seizures are a common and generally accepted police practice, and the U.S. Supreme Court has upheld their legality in...
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A Special Note about Pretextual Stops, Consent and Motor Vehicle Code Violations Some police officers stop cars on a pretext- for example, a moving - Shaffer & Engle Law Offices, LLC Millersburg, Pennsylvania ... A Special Note about Pretextual Stops, Consent and Motor Vehicle Code Violations...
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Pretext Stops
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