What does the term "pretextual stop" mean?

The term "pretextual stop" refers to the practice of stopping a vehicle for a minor violation, such as a traffic infraction, with the underlying motive of investigating more serious offenses. This approach is often utilized by law enforcement officers when they suspect that a driver may be engaged in criminal activity, but they lack sufficient evidence to justify a stop based on those suspicions alone.

By stopping a vehicle for a legitimate and minor reason, officers can then proceed to investigate further. This can include questioning the driver, observing the interior of the vehicle, or even searching the vehicle if probable cause is established during the stop. It is a legal tactic that operates within the bounds of law, as long as the initial stop is supported by an observed violation.

Understanding the context of pretextual stops is essential, particularly in discussions about lawful search and seizure, as it highlights the delicate balance between enforcing laws and respecting individuals' rights against unreasonable searches.