Pretextual stops, vehicle searches, and crime control: an examination of strategies used on the frontline of the war on drugs

Abstract

This study uses the narratives from affidavits for warrantless arrest from two police agencies to examine the strategy of using pretextual traffic stops for drug interdiction. Officers stop a vehicle, arrest the driver on a minor offense, and then use vehicle searches to transform minor infractions into felony drug arrests. The case study illustrates how discretion, profiling, and aggressive use of search and seizure come together. The drug convictions initiated through traffic stops were overwhelmingly discretionary and seemingly pretextual, and the arrests that led to findings of contraband were themselves discretionary and mere pretexts for conducting extensive searches of automobiles and persons.

Keywords:

• search incident to arrest
• Fourth Amendment
• search and seizure
• pretextual traffic stops
• war on drugs
• police discretion
• vehicle search

Acknowledgements

I am indebted to Jennifer Sheetz, Methamphetamine Data Analyst for the 21st Judicial District, Grand Junction, Colorado, for her assistance with this project. Former Grand Junction Police Chief Bill Gardner and Sheriff Stan Hilkey provided access to the initial arrest affidavits that became the impetus for this study. Two former students at Mesa State College, Amy Brecko and Danielle Bridges, played an important part in the early stages of this project, conducting an initial content analysis. Bill Wilkerson and Sesha Kethineni read various drafts of this paper and provided valuable feedback. This research was supported by Department of Justice Community Oriented Policing Services Methamphetamine Initiative Grant no. 2007CKWX0302. The findings are solely those of the author, and not of the Department of Justice or the Office of Community Oriented Policing.