A pretext stop occurs when law enforcement pulls over a driver for a minor traffic violation with the underlying motive of investigating an unrelated suspicion of criminal activity. While pretext stops are legal under Whren v. United States (1996) as long as an officer has a valid reason to make the stop, they often lead to questionable searches, seizures and arrests which can form the basis of a viable criminal defense strategy.
The first step in building a defense is determining whether the initial traffic stop was justified. Police must have a legitimate reason—such as a broken taillight, speeding or failing to signal—to initiate a stop. If no valid traffic violation occurred, the stop itself may have been unlawful, and any evidence obtained during the stop could be suppressed.
If you need a solid defense
Suppose you have recently been arrested in the wake of a pretext stop. In that case, a skilled criminal defense attorney may examine the following in their pursuit of a favorable outcome to your case:
- Dashcam or body camera footage to determine if the officer’s stated reason for the stop matches what actually happened
- Police reports for inconsistencies in the officer’s account of events
- Witness statements from passengers or bystanders who observed the stop
If the traffic stop was not based on a legitimate violation, your attorney may file a motion to suppress evidence obtained during the stop, potentially weakening the prosecution’s case.
It’s important to keep in mind that pretext stops often lead to unlawful vehicle searches. Meaning that simply because police may have found incriminating evidence in your car, the prosecution may not be able to use it against you. While police can search a car with probable cause, a warrant or the driver’s consent, they cannot conduct a search based on a hunch. Therefore, your attorney may be able to successfully argue:
- Lack of probable cause: The officer had no reasonable suspicion to search the vehicle
- Coerced consent: If the officer pressured or intimidated you into allowing the search, it may not be legally valid
- Exceeding the scope of the stop: If an officer prolonged the stop beyond what was necessary for the traffic violation, any subsequent search may have been unlawful.
If a search violated your constitutional rights, evidence obtained as a result of it could be thrown out, significantly impacting the prosecution’s case.