Category Archives: Pretext Stops By Police

1. Another Drug-Related Conviction Tossed Out Due to Unlawful Auto Search (Snapp)

   Apr 15, 2012 —

   In general, a law enforcement officer is required to obtain a search warrant before conducting a search of a vehicle (unless the owner has given his or her consent to search it). However, there are some exceptions to this rule. Two of them are: when a suspect is not secured while within reaching distance of … [More]

2. Washington DUI Caselaw Summary – State v. Weber (February 2011)

   Oct 21, 2011 —

   Division III of the Court of Appeals goes on record to narrow the definition of pretext stops by law enforcement.  Pretext stops occur when a police officer stops a car in order to investigate criminal activity and not for the falsely stated purpose of enforcing the traffic code.  Courts suppress all evidence following a stop … [More]

3. Washington DUI Caselaw Summary – State v. Arreola (September 2011)

   Oct 16, 2011 —

   In this Division III case we are reminded that police officers may not use false pretenses to stop a driver for a sniff test (obtain an odor of alcohol).  Typically an officers observation of odor leads the way to field tests, eventually a breath test at the station, and then a DUI charge. The Court … [More]