Transportation Code · Whren v. United States

Whren v. United States

Whren v. United States is covered under Whren v. United States and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Traffic Stops" on practice exams.

To prove this offense, the State must establish each of the following elements: Reasonable suspicion of a traffic infraction (or other criminal activity); Subjective motive irrelevant if objectively justified; Reasonable mistakes of law can support stop (Heien).

Elements you must prove

  • Reasonable suspicion of a traffic infraction (or other criminal activity)
  • Subjective motive irrelevant if objectively justified
  • Reasonable mistakes of law can support stop (Heien)

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Worked examples

Worked example 1

A traffic stop is justified by:

  1. Officer's hunch
  2. Reasonable suspicion (or probable cause) that a traffic violation has occurred or is occurring, OR reasonable suspicion that the occupants are engaged in other criminal activity Correct
  3. A neighbor's complaint only
  4. Any time a vehicle exceeds 30 mph
Why: Reasonable suspicion (often probable cause) of a traffic violation is sufficient. Even a reasonable mistake of law by an officer can support reasonable suspicion (Heien). Officer's subjective motivation is irrelevant if the stop is objectively justified (Whren).
Statute: Whren v. United States; Heien v. North Carolina