Transportation Code · U.S. Supreme Court, 1996

Whren v. United States

Whren v. United States is a 1996 U.S. Supreme Court decision. This page summarizes key points and works through practice questions for Texas peace officer exam preparation.

Key points

  • 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