4th Amendment
1996

Whren v. United States

517 U.S. 806 (1996)

The Supreme Court ruling that anchors one of the POP phrases. Plain-English summary below, with the precise phrase to invoke and when to use it.

Phrase to invoke
"Am I being detained, or am I free to go?"

When to use this phrase Timing

Any time the stop feels heavier than the violation cited, or you suspect you were pulled over for a reason other than the one stated. The phrase forces the officer to commit to an answer on the record — and the constitutional answer is controlled by probable cause, not by the officer's subjective intent.

The ruling in plain English

The Supreme Court held that an officer's subjective motivations are irrelevant to the constitutionality of a traffic stop, so long as the stop is objectively supported by probable cause. A pretext stop — one motivated by something other than the traffic violation cited — is still valid if the officer had probable cause to issue the citation in the first place. Whren is the case that confirms "Am I being detained" can be answered "yes, validly" without the officer having to defend the underlying motive.

Whren v. United States, 517 U.S. 806 (1996)

Use This Phrase During Your Stop

Open Stop Mode on your phone — pinned phrase, recording timer, and live legal context.

Open Stop Mode