Pretextual Stops: Can Police Pull You Over for Any Reason?

Law enforcement officers often conduct traffic stops based on minor infractions, such as a broken taillight or failure to signal. In some cases, these stops are used as a gateway to investigate unrelated suspicions, such as drug possession or weapons offenses. These are known as pretextual stops. While common, they raise important legal and constitutional questions, particularly under Washington law.

What Is a Pretextual Stop?

A pretextual stop occurs when an officer initiates a traffic stop for a minor violation but uses that stop to pursue unrelated investigative goals. For example, an officer might stop a vehicle for an expired registration but actually suspect the driver of illegal drug activity. While the cited violation may be real, the officer’s primary intent lies elsewhere.

Yes. Under federal law, pretextual stops are generally lawful. The U.S. Supreme Court upheld their legality in Whren v. United States, 517 U.S. 806 (1996), holding that as long as an officer has probable cause to believe a traffic violation occurred, the stop does not violate the Fourth Amendment—even if the officer’s real motive is unrelated.

This ruling gives officers broad discretion to stop vehicles for virtually any observed violation, regardless of their subjective intent.

How Does Washington Law Treat Pretextual Stops?

Washington courts generally follow the federal standard established in Whren. However, Article I, Section 7 of the Washington Constitution provides broader privacy protections than the federal Fourth Amendment. As a result, courts in Washington may scrutinize certain pretextual stops more closely—particularly when they lead to prolonged detentions or warrantless searches.

Additionally, some Washington lawmakers have introduced legislation to limit police authority to stop drivers for low-level, non-safety-related infractions. These efforts reflect growing concern over the disproportionate impact of pretextual stops on communities of color and low-income drivers.

When Is a Pretextual Stop Unlawful?

Although the stop itself may be lawful, courts will examine what happens next. Evidence obtained during a stop may be suppressed if:

  • The stop is unreasonably prolonged beyond the time needed to address the initial violation;
  • Officers lack reasonable suspicion to expand the scope of the stop;
  • A search is conducted without consent, a warrant, or a valid exception;
  • The stop is found to violate Washington’s constitutional protections.

In short, the legality of a pretextual stop often turns on how the stop is conducted and whether the officer’s actions remain within constitutional bounds.

Know Your Rights During a Traffic Stop

If you are pulled over in Washington:

  • You must provide your license, registration, and proof of insurance.
  • You are not required to answer unrelated questions.
  • You can ask whether you are free to leave.
  • You may refuse a search of your vehicle unless the officer has probable cause, a warrant, or a valid exception.

Staying calm and respectful while asserting your rights is crucial.

If you were stopped by police and believe your rights were violated, contact the Law Office of Erin Bradley McAleer. Our experienced criminal defense attorneys can assess whether your traffic stop was lawful, determine whether your rights were violated, and help you fight inadmissible evidence that may have resulted from a pretextual stop. We are committed to protecting your rights and holding law enforcement accountable. Call (360) 334-6277 or schedule a free consultation today.