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A pretext (adj.: pretextual) is an excuse to do something or say something that is not accurate. Pretexts may be based on a half-truth or developed in the context of a misleading fabrication. Pretexts may be based on a half-truth or developed in the context of a misleading fabrication.
They occur when a police officer wishes to investigate a motorist on other suspicions, generally related to drug possession, and uses a minor traffic infringement as a pretext to stop the driver. In the case of Whren , the defense used a "would-have" rule, asking whether a reasonable police officer would have made the stop without the suspicion ...
Pretexting is a type of social engineering attack that involves a situation, or pretext, created by an attacker in order to lure a victim into a vulnerable situation and to trick them into giving private information, specifically information that the victim would typically not give outside the context of the pretext. [1]
Process crimes lend themselves to being prosecuted regardless of the actual harm done to the furtherance of justice. [7] They are therefore frequently a basis for "pretextual prosecutions", a prosecutorial tactic in which "prosecutors target defendants based on suspicion of one crime but prosecute them for another". [8]
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."
(3) To prevail, the plaintiff must prove that the employer's stated reason is a pretext to hide discrimination. In the Seventh Circuit, courts generally analyze disparate treatment cases using this method, though attorneys may also use the direct method described above. Prima facie case: The elements of the prima facie case are:
In federal law, crimes constituting obstruction of justice are defined primarily in Chapter 73 of Title 18 of the United States Code. [ 7 ] [ 8 ] This chapter contains provisions covering various specific crimes such as witness tampering and retaliation, jury tampering , destruction of evidence , assault on a process server , and theft of court ...
A Los Angeles Police Department motor officer writing a traffic ticket for a motorist. 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.