Prolonged pretextual traffic stops are a violation of the Fourth Amendment.

• Pretextual Traffic Stops
• Prolonged Detentions and Traffic Stops
• Use of Police Body Cameras

Using a minor traffic offense as a pretext for making a traffic stop so that a more serious criminal offense can be investigated is lawful.  However, absent developing at least a reasonable suspicion to believe that a more serious offense is being committed, a traffic stop cannot be prolonged past the amount of time it would normally take to complete the mission of a simple traffic stop.

Defendant Ernesto Ayon was the target of an investigation spearheaded by Officer Scott Williams of the San Jose Police Department’s Metro Unit.  The Metro Unit specializes in narcotics investigations.  On June 19, 2018, at about 9:00 p.m., Officer Williams (in plain clothes) and other officers were following defendant as he drove down West Taylor Street in San Jose.  The officers were watching for a traffic violation that would justify a “pretextual traffic stop.”  It didn’t take long.  As defendant approached the intersection of North San Pedro Street and prepared to make a right turn, he drove ....