Abstract
This chapter focuses on the topic of pretextual stops as they relate to bias. The specific focus is now on the automobile and the stopped individual who is within the automobile. That is because pretextual stops take place while a civilian is operating a vehicle in addition to when they are walking, biking, etc. The legality of pretextual stops will be explored through the case of Whren v. the United States (1993). Definitions as well as the standard for pretextual stops will be explored and discussed as well as the evaluation of discriminatory acts. Thereafter, a discussion and conclusion will follow.
I heard, Son, do you know what I am stopping you for?
‘Cause I’m young and I’m black and my hat’s real low?
Do I look like a mind reader, sir? I don’t know
Am I under arrest or should I guess some more?
– From Jay-Z’s 99 Problems (2004)
TopIntroduction
“Much of American law itself, whether we’re aware of it or not, is codified to protect the very system of white supremacy pioneers like Thurgood Marshall and Pauli Murray aimed to dismantle” (Sharpton, 2022, p. 180).
In 1996, Brown and Whren appealed a pretextual stop (Hall, 1996; Hayden, 2019; Stuart, 2022; U.S. Department of Justice, 2023). They charged that it was discriminatory and that it did not meet the standard of probable cause (Hall, 1996; Stuart, 2022). To understand pretextual stops, it is necessary to understand this case. Three years prior in 1993, James Lester Brown and Michael Whren were viewed by two plain clothes officers from vice in a “high drug area” in the Southeastern area of Washington, D.C. (Stuart, 2022). The officers viewed the two civilians stopped at an intersection for over twenty seconds (Stuart, 2022). Upon closer inspection, the defendants sped off and broke a traffic rule (Stuart, 2022). Eventually, the police officers stopped them, and they saw two bags of a substance that appeared to be a drug (Stuart, 2022). They were then arrested and processed (Stuart, 2022).
Key Terms in this Chapter
Unanimously: An agreement made by all parties without dissent.
Probable Cause: A Fourth Amendment standard or requirement that police officers must meet before they may search a person, place or thing, or arrest someone, etc.
Pretextual Stop: The act of a police officer detaining any person for minor crimes or a minor crime in the hopes of finding evidence for a greater one.
Discriminatory: Making a distinction about people apparent and acting upon that bias to limit their actions.
Amendment: To change. Usually refers to a constitution (e.g., the U.S. Constitution) in changing laws regarding the protection of a citizen.