4LawSchool Home - Contact Us

4LawSchool
Criminal Law & Criminal Procedure Case Briefs

Search Tips

 
Home > Case Briefs Bank > Criminal Law & Criminal Procedure

Email This Brief To A Friend Printer Friendly Version






 

Whren v. United States
517 U.S. 806
Author: DK

Facts:  Plainclothes police officers spotted a vehicle that stopped at a stop sign for unusually long time and after the officers turned back their vehicles, the vehicle turned without a turn signal at high speed.  The officers stopped the truck and spotted two large plastic bags that contained crack cocaine.  The petitioners argue that the stop based on a minor traffic violation was pretextual.

Procedure:  The Court of Appeals affirmed conviction.

Issue:  Does the temporary detention of a motorist who the police have probable cause to believe has committed a civil traffic violation inconsistent with the 4th Amendment’s prohibition against unreasonable seizures unless a reasonable officer would have been motivated to stop the car by a desire to enforce the traffic laws?

Holding: No

Rationale:  First of all, all traffic stops constitute seizure of persons and police officers must have probable cause to believe that a traffic violation has occurred.  It has been held by the Court in the past that a subjective intent alone does not make otherwise lawful conduct illegal or unconstitutional.  Subjective intentions play no role in ordinary, probable-cause 4th Amendment analysis.  Also, it would be unreasonable to place judges in the shoes of the police officers because police practices vary from place to place.  Therefore, where police has probable cause to believe that a motorist has violated a traffic law, a stop and temporary seizure may be conducted and this stop does not become unconstitutional just because the officer has some hidden subjective purpose.

Suggest a link.

Other Resources

4Law.net
Legal portal for non-lawyers.

Law School Message Board
The largest law school message board.


Law School Discussion
More than 6,000,000 posts about law school!

Law Student Paradise
A popular law school discussion forum.


Outline Bank
The 4LawSchool outline bank.

Law School Rankings
Ranking law schools by career placement.