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Have you ever been pulled over by a police officer with no idea why you’re being stopped? You weren’t speeding, you didn’t have a warrant out, you used your turn signals, so what’s the deal? The police officer could have been using pretextual stops to try and find a larger crime. 

What are pretextual stops and why do cops use them? 

Pretexual stops occur when a police officer stops a vehicle to conduct a speculative investigation. Police officers will watch you for minor traffic violations that don’t impact your safety or the safety of others. Cops may stop you to search for evidence of an unrelated crime. 

Some states, like New York, have pages and pages of minor traffic violations that cops can use to pull you over. For example, you can’t park at an expired meter. 

Also, in other states you aren’t allowed to have anything hanging from the rearview mirrors. This means that you could be pulled over due to having an air freshener in your car.

This crime could be completely different from the minor reason why you were stopped. In some cases, these traffic stops can lead to searching your vehicles for drugs or firearms. In some cases, they lead to aggravated assault and DWIs. 

According to SWThayer, in 1996, the Supreme Court ruled that a pretextual traffic stop doesn’t violate the Fourth Amendment prohibition against unreasonable search and seizure. 

A man driving his car with a cop pulling him over
A man being pulled over | iStock

One example of a recent pretextual stop includes when a cop pulled someone over for an altered exhaust. The officer didn’t notice any signs of impaired driving but smelled alcohol upon approaching the car. 

The officer issued a citation for the muffler and charged the driver with DUI. The muffler provided a valid reason for the officer to pull the driver over. 

Some argue that pretextual stops lead to racial profiling that’s unnecessary, unfair, and dangerous for drivers and officers. 

Also, while cops are busy following people and watching for any little mistake, they aren’t out there catching dangerous violations. 

Some places, like Los Angeles, are working to end pretextual traffic stops.

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Allison Barfield

Allison Barfield joined MotorBiscuit in 2020 and covers all things trucks, SUVs, and Jeeps. Having grown up on a farm in Rock Hill, South Carolina, she’s no stranger to the “Best in Class” truck and SUV debates; people in her hometown were always gathering to help work on vehicles together, and deliberation would naturally arise.

Allison graduated from the University of South Carolina with a degree in Media Arts. She has helped bring awareness to issues Women In Trucking face and has promoted Truckers Against Trafficking, an anti-trafficking NGO.

A fan of creatively dark literature, Allison appreciates the works of Shirley Jackson and Emily Dickenson. She lives in a mountainous area of the country and enjoys off-roading and camping. Her dog, Bruce, often joins her in testing trucks and SUVs for our site.