What is a Pretextual Stop and What Are Your Rights in this Situation?

Were you recently pulled over by a law enforcement official because of a very minor traffic violation such as a burned-out taillight, only to have the traffic stop result in your arrest for drug possession or another misdemeanor or felony offense? Or, for example, were you traveling at a speed that was only slightly over the speed limit, such as 5 miles per hour beyond the posted speed, and the traffic stop ultimately resulted in your arrest for a different and much more serious crime under the Indiana Code? In many cases, the police and other law enforcement officials will stop a vehicle under the pretext of a minor traffic violation but with the real and overarching aim of determining whether the person has committed a more serious criminal offense. This is known as a “pretextual stop.”

Is a pretextual stop allowed? And what are your rights during a pretextual stop?

Pretextual Stops Are Legal

Generally speaking, pretextual stops are legal. In the US Supreme Court case Whren v. United States (1996), the Court confirmed that pretextual stops are lawful when a law enforcement official has reasonable suspicion to make the stop.

At the same time, it is important to know that they continue to be controversial because they often are used to target individuals in particular neighborhoods or drivers of a particular race. Indeed, racial profiling is a concern that commonly arises in discussions about pretextual stops that occur. If you were stopped in a pretextual stop that subsequently resulted in your arrest, you should seek legal advice as soon as possible about the legality of the stop. This is especially true if you are a person of color or in another marginalized group that is commonly targeted in pretextual stops.

Your Rights During a Pretextual Stop 

You have the same rights during a pretextual stop that you have during any traffic stop. The police must have reasonable suspicion to make the stop, and they cannot search your vehicle unless they have probable cause (which is more than reasonable suspicion).

In a pretextual stop or any traffic stop, you have the right to say no when you are asked to consent to a search of your vehicle  —  and you should refuse a search. In the event law enforcement wants to interrogate you, you also must be informed of your Miranda rights, which include the right to remain silent, which you should exercise until you have spoken with a lawyer.

Contact an Indianapolis Criminal Defense Attorney for Assistance with Your Defense

Were you targeted by police in a pretextual stop that resulted in a search of your vehicle and subsequent arrest? While pretextual stops can be lawful, it is critical to keep in mind that you do have rights under the Fourth Amendment, even in a pretextual stop. If you believe your rights may have been violated by an unconstitutional search of your vehicle that led to your arrest, you should seek legal advice as soon as possible. One of the experienced Indianapolis criminal defense attorneys at Rigney Law LLC can begin working with you on your case today. Contact us for assistance with your defense strategy.

Sources: 

Whren v. United States 517 U.S. 806 (1996)

constitution.congress.gov/constitution/amendment-4/

supreme.justia.com/cases/federal/us/517/806/