About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

19 T. Jefferson L. Rev. 247 (1997)
United States v. Whren: The U.S. Supreme Court Determines the Constitutional Reasonableness of Pretextual Traffic Stops and Tips the Scales in Favor of Law Enforcement

handle is hein.journals/tjeflr19 and id is 255 raw text is: UNITED STATES V. WHREN: THE U.S. SUPREME COURT DETERMINES THE CONSTITUTIONAL REASONABLENESS OF PRETEXTUAL TRAFFIC STOPS AND TIPS THE SCALES IN FAVOR OF LAW ENFORCEMENT. Jennifer R. Walters* INTRODUCTION While driving home late one night, you take a wrong turn and find yourself in an unfamiliar neighborhood. You look around un- easily and discover your new Mercedes is drawing unsolicited atten- tion. Nervous, you subconsciously lock your doors. While reaching for a map in the glove compartment, your car briefly crosses the middle line. You think nothing of it and forge ahead. Unbeknownst to you, a plain-clothes narcotics officer m an unmarked car has been following you from a distance for quite some time. The officer had a hunch that your Mercedes may be the one suspected of being in- volved in narcotics sales in this neighborhood, and he was waiting for an opportunity to investigate. When he observed your car cross the middle line, he pulled in behind you. The sudden glare of headlights in your rear-view mirror startles you, and you find the tail-gating un- nerving. You slow down, thinking this person wants to pass, but in- stead the car remains right behind you. Just as you resign yourself to becoming the victim of a car-jacking, a red light appears on the roof of the unmarked police car, and you instinctively pull over. The offi- cer approaches you and shines a flashlight in your car. He informs you he stopped you for swerving. He asks to see your license and registration, though seems more interested in inspecting your car. He sees no sign of drugs, but decides to run a check on your license. This reveals an outstanding warrant for an unpaid traffic ticket and he arrests you. He then searches the car and finds nothing to support his * B.A. Califorma State Umversity, Cluco; J.D. Thomas Jefferson School of Law, San Diego. The author thanks Professor Ilene Durst and Bryon Mulligan for their editorial review and advice. The author wishes to acknowledge her family and friends for their continuing encouragement, love and support.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most