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Are Pretextual stops by the Police Constitutional?

This issue involved the case of Whren v. United States in which the issue of Pretextual stops by the police are in violation of the constitution’s fourth amendment. The case was spurned when undercover narcotics agents stopped two African American men in their vehicle. The officers did not have the probable cause to stop the men for narcotics but did stop them for violating traffic laws and from that stop, narcotics were discovered.
Justice Antonin Scalia wrote the majority opinion that affirmed the trial court and appellate courts decision that the pretextual stop involved in Whren was constitutional. Citing that the officers first must have probable cause or reasonable suspicion in stopping an individual was the main point in the decision. This limitation on the government prevents police from stopping individuals in their vehicles for no reason other than a hunch. With that said, the decision allowed authorities to conduct investigations on suspects that did indeed viol...

Posted by: Andres Cisneros

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