MBE Rules · Criminal Procedure
Pretextual Stops
Whren v. United States
The rule
A traffic stop is reasonable whenever objective probable cause of any violation exists — the officer's subjective motive is irrelevant to the Fourth Amendment, leaving equal protection as the remedy for selective enforcement.
In plain English
Pretextual stops occur when law enforcement officers stop a vehicle for a minor traffic violation while actually motivated by a suspicion of more serious criminal activity. The legality of the stop is based on whether there was objective probable cause for the traffic violation, not the officer's personal motives.
Worked example
Officer Smith sees a car with a broken tail light and pulls it over, suspecting the driver might be involved in drug trafficking. Although Officer Smith's true motive is to investigate potential drug activity, the stop is valid because there was objective probable cause for the traffic violation. Therefore, the stop is deemed reasonable under the Fourth Amendment.
Memory hook
Objective cause trumps subjective motive in traffic stops.
The trap
Exams may present scenarios where students focus too much on the officer's motives rather than the existence of probable cause for the stop. This can lead to confusion about the legality of the stop.
How examiners test it
Questions often involve a fact pattern where an officer stops a vehicle for a minor violation while harboring suspicions of more serious crimes, testing the candidate's understanding of the distinction between objective probable cause and subjective intent.
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