A pretext stop occurs when law enforcement pulls someone over for a minor traffic violation but uses it as an excuse to investigate unrelated suspicions of criminal activity. While police officers are legally allowed to conduct pretext stops under the U.S. Supreme Court ruling in Whren v. United States (1996), they often raise concerns about racial profiling, unlawful searches and violations of constitutional rights.
If you are told that it seems that you were recently stopped on a pretextual basis, it is important to understand your rights and how to protect your interests as your legal situation evolves.
What do these stops look like?
During a pretext stop, an officer might pull you over for something minor—such as a broken taillight, failing to signal or a rolling stop—while actually looking for evidence of a more serious crime. Once you are stopped, the officer may:
- Ask probing questions unrelated to the traffic violation
- Request to search your vehicle, often without clear justification
- Detain you longer than necessary to issue a citation
- Call for a drug-sniffing dog or backup officers
While officers are allowed to conduct these stops, they cannot violate your constitutional rights in the process. If a stop is prolonged without reasonable suspicion of a crime, or if a search is conducted without probable cause, it may be possible to challenge any evidence obtained.
If you have recently been arrested after a stop that seems to meet the definition of a pretext stop, the time to seek personalized legal guidance in order to assess your circumstances is now. If the stop was unlawful or the search exceeded legal limits, your attorney may be able to file a motion to suppress evidence, potentially leading to a dismissal of charges.