Prior to this stop, Rosales had stopped at a red light, signaled his intent to make a left hand turn, and made a legal left hand turn (with his blinker on) when the light turned green.
Mario Rosales and his girlfriend were driving through Alexandria, Louisiana when cops decided to pull them over. That’s a fatal error, and one that appears to have been committed by two Louisiana cops now being sued by the people they pulled over, with the assistance of the Institute for Justice. And you had damn well better make sure you’re not recording evidence that contradicts your claims. You can’t keep them detained while trying to find other ways to talk them into warrantless searches.įinally, when you’re asked to defend your actions in court, your pretext had better hold up. When you hand out a citation or tell someone they’re free to go, they’re free to go. Second, the stop cannot be unreasonably extended past the point of its objective. But there are a few caveats.įirst, there needs to be a reason to stop the person, even if that reason exists largely in the imaginative readings of local statutes by police officers. Courts have continually said pretextual stops are a cool way to engage in law enforcement fishing expeditions.
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