Whren v. United States
517 U.S. 806 (1996)

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OCTOBER TERM, 1995

Syllabus

WHREN ET AL. v. UNITED STATES

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 95-5841. Argued April 17, 1996-Decided June 10, 1996

Plainclothes policemen patrolling a "high drug area" in an unmarked vehicle observed a truck driven by petitioner Brown waiting at a stop sign at an intersection for an unusually long time; the truck then turned suddenly, without signaling, and sped off at an "unreasonable" speed. The officers stopped the vehicle, assertedly to warn the driver about traffic violations, and upon approaching the truck observed plastic bags of crack cocaine in petitioner Whren's hands. Petitioners were arrested. Prior to trial on federal drug charges, they moved for suppression of the evidence, arguing that the stop had not been justified by either a reasonable suspicion or probable cause to believe petitioners were engaged in illegal drug-dealing activity, and that the officers' traffic-violation ground for approaching the truck was pretextual. The motion to suppress was denied, petitioners were convicted, and the Court of Appeals affirmed.

Held: 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 additionallaw enforcement objective. Pp. 809-819.

(a) Detention of a motorist is reasonable where probable cause exists to believe that a traffic violation has occurred. See, e. g., Delaware v. Prouse, 440 U. S. 648, 659. Petitioners claim that, because the police may be tempted to use commonly occurring traffic violations as means of investigating violations of other laws, the Fourth Amendment test for traffic stops should be whether a reasonable officer would have stopped the car for the purpose of enforcing the traffic violation at issue. However, this Court's cases foreclose the argument that ulterior motives can invalidate police conduct justified on the basis of probable cause. See, e. g., United States v. Robinson, 414 U. S. 218, 221, n. 1,236. Subjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis. Pp. 809-813.

(b) Although framed as an empirical question-whether the officer's conduct deviated materially from standard police practices-petitioners' proposed test is plainly designed to combat the perceived danger of pretextual stops. It is thus inconsistent with this Court's cases, which


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make clear that the Fourth Amendment's concern with "reasonableness" allows certain actions to be taken in certain circumstances, whatever the subjective intent. See, e. g., Robinson, supra, at 236. Nor can the Fourth Amendment's protections be thought to vary from place to place and from time to time, which would be the consequence of assessing the reasonableness of police conduct in light of local law enforcement practices. Pp. 813-816.

(c) Also rejected is petitioners' argument that the balancing of interests inherent in Fourth Amendment inquiries does not support enforcement of minor traffic laws by plainclothes police in unmarked vehicles, since that practice only minimally advances the government's interest in traffic safety while subjecting motorists to inconvenience, confusion, and anxiety. Where probable cause exists, this Court has found it necessary to engage in balancing only in cases involving searches or seizures conducted in a manner unusually harmful to the individual. See, e. g., Tennessee v. Garner, 471 U. S. 1. The making of a traffic stop out of uniform does not remotely qualify as such an extreme practice. pp. 816-819.

53 F.3d 371, affirmed.

SCALIA, J., delivered the opinion for a unanimous Court.

Lisa Burget Wright argued the cause for petitioners.

With her on the briefs were A. J. Kramer, Neil H. Jaffee, and G. Allen Dale.

James A. Feldman argued the cause for the United States.

On the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, and Paul A. Engelmayer. *

*Briefs of amici curiae urging reversal were filed for the American Civil Liberties Union by Steven R. Shapiro and Susan N. Herman; and for the National Association of Criminal Defense Lawyers by Natman Schaye and Walter B. Nash III.

Briefs of amici curiae urging affirmance were filed for the Criminal Justice Legal Foundation by Kent S. Scheidegger and Charles L. Hobson; and for the State of California et al. by Daniel E. Lungren, Attorney General of California, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Joan Killeen and Catherine A. Rivlin, Supervising Deputy Attorneys General, and Christina V. Kuo, Deputy Attorney General; and by the Attorneys General for their respective States as follows: M. Jane Brady of Delaware,


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