What is described as a pretext stop?

A pretext stop occurs when law enforcement officers stop a vehicle for a minor traffic violation while having a greater interest in investigating unrelated criminal activity. In this scenario, the officer may have reasonable articulable suspicion (RAS) that justifies the initial stop based on a legitimate traffic infraction, but their underlying motive is to pursue other criminal behavior they suspect might be occurring.

This practice is significant in the context of constitutional law because it raises questions about the balance between effective policing and individuals' rights under the Fourth Amendment, which protects against unreasonable searches and seizures. The legitimacy of the stop based on a minor infraction does not negate the fact that the officer may have a different, perhaps less lawful, intent. Thus, while the stop itself might be lawful based on the traffic violation, the motivations behind it can bring about legal challenges regarding profiling and pretextual enforcement practices.

Other options reflect misunderstandings about what constitutes a pretext stop. A stop solely based on racial profiling lacks the necessary legal justification entirely, while a stop without any suspicion at all would contravene Fourth Amendment protections against unreasonable searches. A stop conducted with the driver’s consent implies lawful agreement to search or investigate without any pretextual motives being involved.