Dante, a man I represented as a public defender, didn’t expect to be pulled over as he and his friend, Kris, drove through Pittsburgh to play basketball at a park a handful of years ago. But as Kris rounded a bend, four undercover detectives jumped out from the side of the road and ordered Kris to stop. Kris kept two pistols in his car, which he legally purchased and had a license to carry.
While the detectives claimed that they stopped Kris’s car due to an expired inspection sticker, this was no ordinary traffic stop. In truth, these detectives wanted an excuse to pull over two young Black men, search them, and rifle through their car. Once the detectives noticed the pistols – one of which had slipped to the passenger’s side floorboard when Kris stopped short – they ordered both men out of the car at gunpoint.
The detectives searched Kris and Dante before handcuffing them and forcing them to sit on the curb. Although the officers confirmed that Kris legally owned both pistols and had no evidence—besides proximity—that Dante possessed the gun, the police arrested Dante anyway. Dante couldn’t legally possess a firearm due to the juvenile equivalent of a criminal conviction years earlier—and the detectives claimed that simply being near two legally purchased firearms was enough evidence to arrest him. Dante was charged with felony gun possession, jeopardizing his job, education, and livelihood.
This type of ugly scenario plays out thousands of times nationwide every day. This policing tactic is commonly known as a “pretextual” traffic stop, in which officers stop motorists for minor traffic violations in the hopes of turning up evidence of other potential crimes. According to multiple studies, these stops rarely turn up anything illegal and often fail to reduce crime Instead, they mostly inflict trauma and violence, both physical and emotional.
Despite these facts, the Supreme Court has ruled that pretextual stops are legal, provided an officer identifies an actual traffic violation.
Hellbound and Down 