The United State Supreme Court made their decision on Whren v. United States on June 10, 1996 which stated that: (1) "The temporary detention of a motorist upon probable cause to believe that he has violated the traffic laws does not violate the Fourth Amendment's prohibition against unreasonable seizures, even if a reasonable officer would not have stopped the motorist absent some additional law enforcement objective" (LexisNexis, Doc. 2). In addition the court continued by stating that: (2) "Detention of a motorist is reasonable where probable cause exists
to believe that a traffic violation has occurred.... Subjective intentions play no role in ordinary probable cause Fourth Amendment analysis" (LexisNexis, Doc. 2). And lastly the court addressed the issue of "reasonable" actions by saying: (3) "...The Fourth Amendment concern with 'reasonableness' allow certain actions to be taken in certain circumstances, whatever the subject intent... Nor can the Fourth Amendment protections be thought to vary from place to place and from time to time which would be the consequence of assessing the reasonableness of the police conduct in light of the local law enforcement practices" (LexisNexis, Doc. 2).
The Fourth Amendment in the bill of rights is being upheld in this case by outlining the actual guidelines of what a reasonable search and seizure would be considered and when these tactics could be used in the field by police officers. It is also upholding the Fourteenth Amendment clause which outlines the due process procedures on a state level.
This case is a tricky one because the validity of the stop was in question, which led to the seizure of the drugs. The decision makes sense though, because the police did have reason to stop the vehicle in the first place. The decision made by the judges in this case may seem to favor the law enforcement system by giving them more of "the benefit of doubt." However, in order to do their job efficiently law enforcement need to have a sense of security that every decision they make will not be placed under strict scrutiny. Law enforcement cannot do their job if there is going to be a constant fear of "getting in trouble. For that reason, I believe that the ruling in this case was the best decision they could have made, and shows support for the local law enforcement as well as outlining for citizens what is acceptable and what is not. The decision really did not leave much of a question as to the procedures involved in a traffic stop and what a motorist can expect in the event of a reasonable traffic stop.
"Whren v. United States(2)." LexisNexis. 2006. Date accessed 26
October 2006.
Published by Kayla R.
I am a college graduate with a Bachelors of Science in Legal Studies/Pre-Law with an emphasis on legal procedure, prosecution, and civil rights. I've also studied extensively in the area of Asian culture an... View profile
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1 Comments
Post a CommentWhile this is a pretty cute take on Whren v. U.S., there are more holistic explanations all over the internet. An interesting fact of this case that the author left out and that goes against the government's interest in efficiency is that the cops were vice officers. Unmarked cars, no uniforms, etc. Their own police policy stated that they were not to make traffic stops unless to prevent grave and immediate danger. I mean, when is the last time you got pulled over by an unmarked vice car for failing to signal? exactly...