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An empirical assessment of pretextual stops and racial profiling
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Journal Article
An empirical assessment of pretextual stops and racial profiling
2021
Overview
This Article empirically illustrates that legal doctrines permitting police officers to engage in pretextual traffic stops may contribute to an increase in racial profiling. In 1996, the U.S. Supreme Court held in 'Whren v. United States' that pretextual traffic stops do not violate the Fourth Amendment. As long as police officers identify an objective violation of a traffic law, they may lawfully stop a motorist-even if their actual intention is to use the stop to investigate a hunch that by itself does not amount to probable cause or reasonable suspicion.
Scholars and civil rights activists have sharply criticized 'Whren', arguing that it gives police officers permission to engage in racial profiling. But social scientists have struggled to empirically evaluate how 'Whren' has influenced police behavior.
A series of court decisions in the State of Washington presents an opportunity to test the effects of pretextual-stop doctrines on police behavior. In the years since the 'Whren' decision, Washington has experimented with multiple rules that provide differing levels of protection against pretextual stops. In 1999, the Washington Supreme Court held in 'State v. Ladson' that the state constitution barred police from conducting pretextual traffic stops. However, in 2012, the court eased this restriction on pretextual stops in 'State v. Arreola'.
Publisher
Stanford Law School,Stanford University, Stanford Law School
Subject
