Question

What test did the Supreme Court establish to determine the validity of pretextual stops?
a. The test is whether the officers "would have" made the stop.
b. The test is whether the officers made the stop.
c. The test is whether the officers "should have" made the stop.
d. The test is whether the officers "could have" made the stop.

Answer 1

d. The Court applied an objective test (Whren v. United States): if officers had an objectively reasonable basis (i.e., could have made the stop based on probable cause), the stop is valid regardless of their subjective motives.