And you had damn well better make sure you’re not recording evidence that contradicts your claims. You can’t keep them detained while trying to find other ways to talk them into warrantless searches.įinally, when you’re asked to defend your actions in court, your pretext had better hold up. When you hand out a citation or tell someone they’re free to go, they’re free to go. ![]() Second, the stop cannot be unreasonably extended past the point of its objective. But there are a few caveats.įirst, there needs to be a reason to stop the person, even if that reason exists largely in the imaginative readings of local statutes by police officers. Courts have continually said pretextual stops are a cool way to engage in law enforcement fishing expeditions.
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