In this archive episode, Dennis explains what a pretextual stop is and why it is legal. Recorded on 08/03/2017.
Whren v. United States 1996 Pre-Textual stops defined – A Pre-Textual stop is one based on motives unrelated to the expressed reason for the stop.
The court said, “The observation of the traffic violation provided the constitutional justification for the stop. A Police Officer’s “ulterior motives” will not serve to invalidate police conduct that is constitutionally justified.”
Arkansas v. Sullivan 2001 http://caselaw.findlaw.com/us-supreme-court/532/769.html