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The Legal Background of Pretextual Stops:
For decades, these goals have been intertwined in the context of pretextual stops. A pretextual stop occurs when a police officer pulls over a motor vehicle operator in order to investigate speculative criminal activity unrelated to the motorist’s driving. There are legal rules in place that broadly permit pretextual stops, most relevantly that officers are permitted to stop virtually any car that they observe violating a traffic law. That is to say, officers must have reasonable suspicion that a traffic violation or crime has occurred before they can legally pull over a vehicle. This can be a moving violation, such as speeding, or – as is often the case in pretextual stops – a non-moving violation, such as having an expired registration. Although officers do not uncover evidence of a crime during most traffic stops, there are plenty of pretextual stops that lead to arrest. For example, a defendant may be stopped for improperly changing lanes, then be subsequently arrested when an officer discovers there is marijuana in their car. It may seem deceitful that officers can pull a car over with the intent to investigate something other than enforcement of traffic laws. However, pretextual stops have been held to be legal by both federal and state courts. In Whren v. United States (1996), the Supreme Court of the United States held that the constitutional reasonableness of a traffic stop does not depend on the actual motivations of the individual officers involved. Rather, officers are permitted to temporarily detain a motorist so long as there exists probable cause to believe the motorist has committed a violation of the law. This is considered to be consistent with the Fourth Amendment’s protections against unreasonable search and seizure, because the violation of traffic law creates a legal reason for police to seize the defendant and their vehicle, regardless of the officers’ subjective intentions. The Whren standard was reiterated in Georgia in the case Brantley v. State of Georgia (1997) and in Tennessee in the case State of Tennessee v. Vineyard (1998). Building off the legality of pretextual stops, the Supreme Court has even ruled that officers can legally use a drug detection dog to sniff around a motorist’s vehicle during a traffic stop. See our blog on the application of Stop and Sniff for more details on this! At Best & Brock, as leaders of DUI defense in the greater Chattanooga area, we often see the use of pretextual stops in DUI detection and investigation. Most DUI stops are initiated due to suspicious or illegal driving behavior, such as speeding, failing to maintain one’s lane of travel, or an automobile accident. In these instances, the driving behavior is not only used as a reason to stop the vehicle, but also as evidence of the defendant’s impaired driving ability due to intoxicants. In some other DUI stops, non-moving violations are used by officers to initiate a stop that leads to a DUI investigation. Despite officers not witnessing these drivers commit any traffic infractions, they form the opinion that the driver is operating the vehicle under the influence of an intoxicant once they make contact with the driver. How can I avoid a pretextual stop? Technically, you can avoid a pretextual stop by not committing any traffic violations, including keeping your vehicle in working condition and maintaining up-to-date records on your vehicle and license. However, advising you to avoid pretextual stops entirely would be impractical. Oftentimes, the traffic law is so complex that even defense attorneys aren’t aware of all the little reasons officers may find to pull a motorist over. Besides, you aren’t likely to be aware your vehicle has a tail-light out until an officer pulls you over to let you know. Ultimately, officers’ application of pretextual stops can be difficult to predict. While officers are often directed to target zones known to have high rates of traffic infractions and crime, officers may also initiate a pretextual stop on any vehicle they find suspicious, if they find the right reason.|
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Balancing Constitutional Rights with Cooperation
Best & Brock are staunch advocates for the preservation of your Constitutional rights, both in and out of the courtroom. However, it is important to balance those protections from government overreach with cooperation. Being uncooperative, combative, or even just rude during a traffic stop can become dangerous quickly. Pretextual stops can be especially tense situations for officers and motorists alike. The interaction is sometimes longer than a typical traffic stop, and motorists can feel targeted when officers begin questioning. Defensiveness on the part of the driver may be interpreted as aggression by the officer stopping them. Officers may feel particularly threatened if they already suspect that there may be weapons in a vehicle. In one way or another, these traffic stops can escalate into deadly encounters at the speed of light. Do your best to keep your interaction with the police from escalating. Remain calm and be respectful. Additionally, comply when officers order you to provide your license and other documents, or to exit the car. Safety should be your number one priority when interacting with law enforcement.Recent Policy Developments
Following the wrongful death of a young man during a traffic stop, the Memphis City Council passed a city ordinance that prohibited police stops for minor traffic infractions. This action would have significantly decreased the number of pretextual stops made in the city, for better or for worse. Soon after, however, a bill passed through the Tennessee General Assembly prohibiting “a local governmental entity or official from adopting or enacting a resolution, ordinance, or policy that prohibits or limits the ability of a law enforcement agency to conduct traffic stops based on observation of or reasonable suspicion that the operator or a passenger in a vehicle has violated a local ordinance or state or federal law” and nullifying any existing such ordinances. The bill was signed into law by Tennessee’s governor, Bill Lee, in March 2024. While the new law was not statedly introduced in response to the Memphis city ordinance, the legislations’ interrelatedness is clear. This dialogue between Tennessee lawmakers demonstrates the volatility of the conversation surrounding pretextual stops. While some maintain that pretextual stops are an indispensable tool for law enforcement, others assert that they are too dangerous, or simply aren’t an effective tool for keeping the public safe. Thankfully, it is not only up to lawmakers and law enforcement to determine the future role of pretextual stops in traffic and law enforcement. It’s also up to you! Elected officials need to hear what the public thinks about policies that impact us. American democracy depends upon our participation!Don’t Wait to Seek the Best Legal Support
Although pretextual stops may be unavoidable, you can avoid fighting your charges on your own. Let Best & Brock be your analysts and strategists. We will do everything within our power to protect your rights while advocating for an equitable resolution to your case. Reach out by calling (423) 829-1055 or by filling out our online contact form to set up a free consultation with one of our excellent defense attorneys. Related VideosShould I Plead Guilty? Choosing a Criminal Defense Lawyer |