Does the Defendant have an ulterior motive to conduct a traffic stop?

California, United States of America


The following excerpt is from People v. Hurtado-Diaz, G040404 (Cal. App. 6/24/2009), G040404. (Cal. App. 2009):

Defendant acknowledges that in Whren v. United States (1996) 517 U.S. 806, 809-811 [116 S.Ct. 1769, 135 L.Ed.2d 89], the United States Supreme Court "held that where an officer has a reasonable objective basis to conduct a traffic stop, the fact that he has an ulterior motive to conduct the stop will not render the stop illegal." Nevertheless, he maintains "an examination into the ulterior motives of the detaining officer is essential in determining the credibility of the evidence upon which the purposed reasonable basis depends (such as the question of whether or not a claimed traffic violation occurred)." We are not persuaded.

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