Section 6.5 Pretextual Traffic Stops

• Library: DWI 2014

Traffic stops based on a pretextual violation to justify a search violate the Fourth Amendment. State v. Malaney, 871 S.W.2d 634, 637 (Mo. App. S.D. 1994). See also:

· State v. Moody, 443 S.W.2d 802, 804 (Mo. 1969), overruled on other grounds by State v. Mease, 842 S.W.2d 98, 106 (Mo. 1992)

· State v. Bunts, 867 S.W.2d 277, 280 (Mo. App. S.D. 1993)

· State v. Lorenzo, 743 S.W.2d 529, 532 (Mo. App. W.D. 1987)

The standard in Missouri is whether a reasonable officer, under the circumstances, could have validly made the stop in the absence of an invalid purpose. Malaney, 871 S.W.2d at 637. As long as the police are doing no more than they are legally permitted and objectively authorized to do, the resulting stop is constitutional. Id.; State v. Jackson, 186 S.W.3d 873, 879 (Mo. App. W.D. 2006). An “officer’s intent or motive in stopping a vehicle is irrelevant as long as his actions [are] lawful.” State v. Garriott, 151 S.W.3d 403, 409 (Mo. App. W.D. 2004).

The classic example of a pretextual traffic stop is...