whren
et
al
argued
april
decided
june
plainclothes
policemen
patrolling
high
drug
area
unmarked
vehicle
observed
truck
driven
petitioner
brown
waiting
stop
sign
intersection
unusually
long
time
truck
turned
suddenly
without
signalling
sped
unreasonable
speed
officers
stopped
vehicle
assertedly
warn
driver
traffic
violations
upon
approaching
truck
observed
plastic
bags
crack
cocaine
petitioner
whren
hands
petitioners
arrested
prior
trial
federal
drug
charges
moved
suppression
evidence
arguing
stop
justified
either
reasonable
suspicion
probable
cause
believe
petitioners
engaged
illegal
activity
officers
ground
approaching
truck
pretextual
motion
suppress
denied
petitioners
convicted
appeals
affirmed
held
temporary
detention
motorist
upon
probable
cause
believe
violated
traffic
laws
violate
fourth
amendment
prohibition
unreasonable
seizures
even
reasonable
officer
stopped
motorist
absent
additional
law
enforcement
objective
pp
detention
motorist
reasonable
probable
cause
exists
believe
traffic
violation
occurred
see
delaware
prouse
petitioners
claim
police
may
tempted
use
commonly
occurring
traffic
violations
means
investigating
violations
laws
fourth
amendment
test
traffic
stops
whether
reasonable
officer
stopped
car
purpose
enforcing
traffic
violation
issue
however
cases
foreclose
argument
ulterior
motives
invalidate
police
conduct
justified
basis
probable
cause
see
robinson
subjective
intentions
play
role
ordinary
fourth
amendment
analysis
pp
although
framed
empirical
question
whether
officer
conduct
deviated
materially
standard
police
practices
petitioners
proposed
test
plainly
designed
combat
perceived
danger
pretextual
stops
thus
inconsistent
cases
make
clear
fourth
amendment
concern
reasonableness
allows
certain
actions
taken
certain
circumstances
whatever
subjective
intent
see
robinson
supra
fourth
amendment
protections
thought
vary
place
place
time
time
consequence
assessing
reasonableness
police
conduct
light
local
law
enforcement
practices
pp
interests
inherent
fourth
amendment
inquiries
support
enforcement
minor
traffic
laws
plainclothes
police
unmarked
vehicles
since
practice
minimally
advances
government
interest
traffic
safety
subjecting
motorists
inconvenience
confusion
anxiety
probable
cause
exists
found
necessary
engage
balancing
cases
involving
searches
seizures
conducted
manner
unusually
harmful
individual
see
tennessee
garner
making
traffic
stop
remotely
qualify
extreme
practice
pp
affirmed
scalia
delivered
opinion
unanimous
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
end
syllabus
michael
whren
james
brown
petitioners
petitioners
charged
indictment
violating
various
federal
drug
laws
including
section
pretrial
suppression
hearing
challenged
legality
stop
resulting
seizure
drugs
argued
stop
justified
probable
cause
believe
even
reasonable
suspicion
petitioners
engaged
illegal
activity
officer
soto
asserted
ground
approaching
vehicle
give
driver
warning
concerning
traffic
violations
pretextual
district
denied
suppression
motion
concluding
facts
stop
controverted
nothing
really
demonstrate
actions
officers
contrary
normal
traffic
stop
app
petitioners
convicted
counts
issue
appeals
affirmed
convictions
holding
respect
suppression
issue
regardless
whether
police
officer
subjectively
believes
occupants
automobile
may
engaging
illegal
behavior
traffic
stop
permissible
long
reasonable
officer
circumstances
stopped
car
suspected
traffic
violation
cadc
granted
certiorari
ii
petitioners
accept
officer
soto
probable
cause
believe
various
provisions
district
columbia
traffic
code
violated
see
mun
regs
section
operator
shall
give
full
time
attention
operation
vehicle
person
shall
turn
vehicle
without
giving
appropriate
signal
person
shall
drive
vehicle
speed
greater
reasonable
prudent
conditions
argue
however
unique
context
civil
traffic
regulations
probable
cause
enough
since
contend
use
automobiles
heavily
minutely
regulated
total
compliance
traffic
safety
rules
nearly
impossible
police
officer
almost
invariably
able
catch
given
motorist
technical
violation
creates
temptation
use
traffic
stops
means
investigating
law
violations
probable
cause
even
articulable
suspicion
exists
petitioners
black
contend
police
officers
might
decide
motorists
stop
based
decidedly
impermissible
factors
race
car
occupants
avoid
danger
say
fourth
amendment
test
traffic
stops
normal
one
applied
appeals
whether
probable
cause
existed
justify
stop
rather
whether
police
officer
acting
reasonably
made
stop
reason
given
petitioners
also
rely
upon
colorado
bannister
per
curiam
case
like
one
involved
traffic
stop
prelude
sighting
arrest
charges
wholly
unrelated
basis
stop
petitioners
point
statement
evidence
whatsoever
officer
presence
issue
traffic
citation
pretext
confirm
previous
suspicion
occupants
car
dictum
demonstrates
bannister
found
need
inquire
question
discussion
certain
answer
may
demonstrate
even
less
pretext
meant
officer
really
seen
car
speeding
statement
mean
reason
doubt
probable
cause
traffic
stop
moreover
anomalous
say
least
treat
statement
per
curiam
bannister
opinion
indicating
reversal
prior
law
petitioners
difficulty
simply
lack
affirmative
support
position
never
held
outside
context
inventory
search
administrative
inspection
discussed
officer
motive
invalidates
objectively
justifiable
behavior
fourth
amendment
repeatedly
held
asserted
contrary
held
otherwise
valid
warrantless
boarding
vessel
customs
officials
rendered
invalid
customs
officers
accompanied
louisiana
state
policeman
following
informant
tip
vessel
ship
channel
thought
carrying
marihuana
flatly
dismissed
idea
ulterior
motive
might
serve
strip
agents
legal
justification
robinson
held
arrest
sort
rendered
invalid
fact
mere
pretext
narcotics
search
lawful
postarrest
search
person
rendered
invalid
fact
motivated
concern
justifies
searches
see
see
also
gustafson
florida
scott
rejecting
contention
wiretap
evidence
subject
exclusion
agents
conducting
tap
failed
make
effort
comply
statutory
requirement
unauthorized
acquisitions
minimized
said
ubjective
intent
alone
make
otherwise
lawful
conduct
illegal
unconstitutional
described
robinson
established
fact
officer
state
mind
hypothecated
reasons
provide
legal
justification
officer
action
invalidate
action
taken
long
circumstances
viewed
objectively
justify
action
think
cases
foreclose
argument
constitutional
reasonableness
traffic
stops
depends
actual
motivations
individual
officers
involved
course
agree
petitioners
constitution
prohibits
selective
enforcement
law
based
considerations
race
constitutional
basis
objecting
intentionally
discriminatory
application
laws
equal
protection
clause
fourth
amendment
subjective
intentions
play
role
ordinary
fourth
amendment
analysis
although
framed
empirical
terms
approach
plainly
indisputably
driven
subjective
considerations
whole
purpose
prevent
police
guise
enforcing
traffic
code
like
different
reasons
petitioners
proposed
standard
may
use
word
pretext
designed
combat
nothing
perceived
danger
pretextual
stop
albeit
indirectly
run
cases
instead
asking
whether
individual
officer
proper
state
mind
petitioners
us
ask
effect
whether
based
general
police
practices
plausible
believe
officer
proper
state
mind
one
frame
test
designed
combat
pretext
fashion
take
account
actual
admitted
pretext
curiosity
explained
fact
cases
foreclosed
sensible
option
cases
based
upon
evidentiary
difficulty
establishing
subjective
intent
petitioners
attempt
root
subjective
vices
objective
means
might
make
sense
based
upon
indeed
even
principally
upon
principal
basis
applies
equally
attempts
reach
subjective
intent
ostensibly
objective
means
simply
fourth
amendment
concern
reasonableness
allows
certain
actions
taken
certain
circumstances
whatever
subjective
intent
see
robinson
supra
since
fact
custodial
arrest
gives
rise
authority
search
moment
officer
indicate
subjective
fear
arrestee
suspect
arrestee
armed
gustafson
supra
even
concern
evidentiary
one
petitioners
proposal
means
assuage
indeed
seems
us
somewhat
easier
figure
intent
individual
officer
plumb
collective
consciousness
law
enforcement
order
determine
whether
reasonable
officer
moved
act
upon
traffic
violation
police
manuals
standard
procedures
may
sometimes
provide
objective
assistance
ordinarily
one
reduced
speculating
hypothetical
reaction
hypothetical
constable
exercise
might
called
virtual
subjectivity
moreover
police
enforcement
practices
even
practicably
assessed
judge
vary
place
place
time
time
accept
search
seizure
protections
fourth
amendment
variable
cf
gustafson
supra
caceres
made
turn
upon
trivialities
difficulty
illustrated
petitioners
arguments
case
claim
reasonable
officer
made
stop
based
largely
district
columbia
police
regulations
permit
plainclothes
officers
unmarked
vehicles
enforce
traffic
laws
case
violation
grave
pose
immediate
threat
safety
others
metropolitan
police
general
order
pt
objectives
policies
apr
reprinted
addendum
brief
petitioners
basis
invalidation
apply
jurisdictions
different
practice
applied
even
district
columbia
officer
soto
wearing
uniform
patrolling
marked
police
cruiser
petitioners
argue
cases
support
insistence
upon
police
adherence
standard
practices
objective
means
rooting
pretext
cite
holding
effect
dicta
two
cases
abel
petitioner
arrested
immigration
naturalization
service
ins
basis
administrative
warrant
claimed
issued
pretextual
grounds
order
enable
federal
bureau
investigation
fbi
search
room
arrest
regarded
allegation
serious
misconduct
rejected
abel
claims
ground
finding
bad
faith
open
us
th
record
light
findings
including
finding
proceedings
taken
ins
differed
respect
done
case
individual
concerning
pending
fbi
investigation
long
leap
proposition
following
regular
procedures
evidence
lack
pretext
proposition
failure
follow
regular
procedures
proves
operational
substitute
pretext
abel
moreover
involve
assertion
pretext
invalidate
search
seizure
probable
cause
even
said
pretext
contexts
plainly
inconsistent
views
later
stated
robinson
gustafson
scott
case
claimed
contain
supportive
dicta
robinson
approving
search
incident
arrest
driving
without
license
noted
arrest
departure
established
police
department
practice
followed
however
statement
leave
another
day
questions
arise
facts
different
ibid
even
dictum
purports
provide
answer
merely
one
leaves
question
open
iii
course
true
principle
every
fourth
amendment
case
since
turns
upon
reasonableness
determination
involves
balancing
relevant
factors
rare
exceptions
applicable
however
result
balancing
doubt
search
seizure
based
upon
probable
cause
petitioners
must
rely
upon
cases
like
prouse
provide
examples
actual
balancing
analysis
police
action
question
random
traffic
stop
purpose
checking
motorist
license
vehicle
registration
practice
like
practices
issue
inventory
search
administrative
inspection
cases
upon
petitioners
rely
making
pretext
claim
involves
police
intrusion
without
probable
cause
traditional
justification
opinion
prouse
expressly
distinguished
case
stop
based
precisely
issue
probable
cause
believe
driver
violating
one
multitude
applicable
traffic
equipment
regulations
noted
approvingly
foremost
method
enforcing
traffic
vehicle
safety
regulations
acting
upon
observed
violations
afford
quantum
individualized
suspicion
necessary
ensure
police
discretion
sufficiently
constrained
quoting
true
prouse
also
true
cases
engaged
detailed
balancing
decide
constitutionality
automobile
stops
supra
upheld
checkpoint
stops
see
supra
disallowed
roving
patrol
stops
see
detailed
balancing
analysis
necessary
involved
seizures
without
probable
cause
probable
cause
existed
cases
found
necessary
actually
perform
balancing
analysis
involved
searches
seizures
conducted
extraordinary
manner
unusually
harmful
individual
privacy
even
physical
interests
example
seizure
means
deadly
force
see
tennessee
garner
unannounced
entry
home
see
wilson
arkansas
entry
home
without
warrant
see
welsh
wisconsin
physical
penetration
body
see
winston
lee
making
traffic
stop
remotely
qualify
extreme
practice
governed
usual
rule
probable
cause
believe
law
broken
outbalances
private
interest
avoiding
police
contact
petitioners
urge
extraordinary
factor
case
multitude
applicable
traffic
equipment
regulations
large
difficult
obey
perfectly
virtually
everyone
guilty
violation
permitting
police
single
almost
whomever
wish
stop
aware
principle
allow
us
decide
point
code
law
becomes
expansive
commonly
violated
infraction
longer
ordinary
measure
lawfulness
enforcement
even
identify
exorbitant
codes
know
standard
right
decide
petitioners
us
particular
provisions
sufficiently
important
merit
enforcement
case
surely
think
realistic
alternative
traditional
rule
probable
cause
justifies
search
seizure
district
found
officers
probable
cause
believe
petitioners
violated
traffic
code
rendered
stop
reasonable
fourth
amendment
evidence
thereby
discovered
admissible
upholding
convictions
appeals
district
columbia
circuit
correct
judgment
affirmed
footnotes
inventory
search
search
property
lawfully
seized
detained
order
ensure
harmless
secure
valuable
items
might
kept
towed
car
protect
false
claims
loss
damage
see
south
dakota
opperman
administrative
inspection
inspection
business
premises
conducted
authorities
responsible
enforcing
pervasive
regulatory
scheme
example
unannounced
inspection
mine
compliance
health
safety
standards
see
donovan
dewey