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When police stop and search a pedestrian, this is commonly known as a stop and frisk. When police stop an automobile, this is known as a traffic stop. If the police stop a motor vehicle on minor infringements in order to investigate other suspected criminal activity, this is known as a pretextual stop. Additional rules apply to stops that occur ...
Law enforcement use pretextual traffic stops in order to stop drivers. Pretextual stops are traffic stops conducted by law enforcement for a traffic violation, but the purpose is for the officer to investigate an unrelated crime that the driver was not stopped for.
Whren v. United States, 517 U.S. 806 (1996), was a unanimous United States Supreme Court decision [1] that "declared that any traffic offense committed by a driver was a legitimate legal basis for a stop."
The LAPD is considering limiting "pretextual stops" of motorists and pedestrians by officers investigating serious crime, citing racial disparities.
Passengers can also ask if they can leave the scene of the traffic stop. Police can ask drivers to step out of their vehicles Once a driver has been pulled over, police will likely run the plates of the vehicle through a database to check whether the car has been stolen or see if any other actionable information comes up, said Hunter, the ...
One outlawed so-called pretextual traffic stops, including for minor violations such as a broken taillight. An officer’s incident report said Nichols was stopped for driving into oncoming traffic.
"Of those 150 cases, 91 (61%) brought no felony charges," the report read. "In 119 pretextual stop cases where the final outcome was known, ten ended in conviction, of which only two were felonies.
A traffic stop is usually considered to be a Terry stop and, as such, is a seizure by police; the standard set by the United States Supreme Court in Terry v. Ohio regarding temporary detentions requires only reasonable articulable suspicion that a crime has occurred or is about to occur. [ 1 ]