Section 9.13 Pretext

• Library: Criminal Practice 2012 Supp

E. (§9.13) Pretext

Although a search or seizure may be objectively justified, often the law enforcement action being taken is motivated by other factors. For example, officers may conduct a traffic stop not because their primary motive is to issue a citation, but rather in the hope that they will see contraband in plain view or will obtain consent for a search. Missouri courts had initially permitted inquiry into the subjective motivations of officers in determining whether evidence obtained as a result of...