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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.
Because the petitioners sped away at an "unreasonable" speed, the officers were given reasonable cause to stop the vehicle. A traffic violation occurred, which made the following search and seizure lawful. The officers did not ignore the danger of a pretextual stop but acted on a crime. [1]
This policing practice is known as a pretextual stop. Law enforcement can sometimes take advantage of civilians’ lack of knowledge of the law, Butler added. In that case, it’s best to comply and communicate with officers, and complain later.
"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.
The LAPD is considering limiting "pretextual stops" of motorists and pedestrians by officers investigating serious crime, citing racial disparities.
In January, MPD interim Chief Davis said she enforced a pretextual stop ordinance after the council passed it. Documents show that was not the case.
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 ]