pretextual stop
A pretextual stop is a traffic stop that is said to be for a minor violation but is actually to investigate a more serious offense.
A pretextual stop is typically held to be constitutional so long as there exists reasonable suspicion to justify a traffic stop or probable cause that the greater offense occurred. Critics of the practice argue that pretextual stops often amount to a “fishing expedition,” in which the officer lacks sufficient reason to believe the vehicle operator has committed a crime but conducts an intrusive stop on pretext to “fish” for a crime. Critics additionally argue that these tactics are used disproportionately on minority populations.
For example, following a bank robbery in the area, a law enforcement officer may stop a vehicle for a broken taillight, but is primarily motivated by a desire to investigate whether the driver was involved in the robbery. The stop is constitutional if the officer had reasonable suspicion that the suspect was operating a vehicle with a broken taillight; if there were no basis for this belief, then the stop would be unconstitutional.
[Last reviewed in August of 2026 by the Wex Definitions Team]
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