DEMAND 4
TOWARDS RACIAL JUSTICE
Sheriffs Should End Pretextual Traffic Stops
The Issue
A pretextual traffic stop occurs when a law enforcement officer pretends they are pulling over a driver for a traffic violation but, in reality, uses the stop to investigate a completely different crime—like drug or gun possession. The Policing Project notes that there are approximately 20 million traffic stops each year, and many of them have little to do with traffic safety. Because traffic laws are “so numerous and sprawling that the average driver can scarcely hope to spend a few minutes behind the wheel without committing an infraction,” law enforcement officers will likely be able to find some reason to pull over a driver or passenger they want to investigate.
Why It Matters
Studies show that pretextual stops don’t make us safer, but do lead to racial disparities in traffic enforcement and criminal prosecutions. Across the country, Black drivers are disproportionately stopped and searched by law enforcement under the guise of minor traffic infractions. These unnecessary stops can quickly and fatally escalate—between 2017 and 2022, police killed more than 600 people during traffic stops. Pretextual traffic stops also reduce community trust in law enforcement, which makes the agency less effective overall. And they divert resources from more serious crime investigations.
What’s Possible
Sheriffs can end pretextual stops by prohibiting traffic stops for low-level traffic violations that do not actually threaten public safety and by curtailing the actions of deputies when they do choose to stop someone.
First, sheriffs can bar deputies from pulling people over for things like tinted windows, hanging air fresheners, or broken taillights. Cities across the country, like Philadelphia and Memphis, have already passed local ordinances to end traffic stops for minor traffic violations.
When deputies do decide to stop a driver, sheriffs can prohibit deputies from using the stop as a fishing expedition. They can do this by requiring deputies to immediately inform the driver of the reason they pulled them over and prohibiting them from asking the driver if they can search the car.
Sheriffs can also require deputies to document all traffic stops, the demographics of the driver and passengers, and the result of the stop (e.g., citation, search, arrest). By keeping data, sheriffs can monitor the enforcement practices of their deputies and address disparities as they become known.
How We Get There
Sheriffs oversee their deputies. Sheriffs can update their office policies to prevent deputies from initiating pretextual stops and unwarranted searches and to require deputies to collect data to monitor enforcement disparities. Sheriffs can also play a role in pushing for local or statewide legislation that protects drivers from pretextual stops and requires law enforcement to collect data so compliance with new laws can be evaluated. For example, Illinois has banned traffic stops based on hanging items, and California requires all officers to tell the person they are pulling over why they did so.
Example Policies
Center for Policing Equity: Compounding Anti-Black Racial Disparities in Police Stops
Policing Project: An Act to Curtail Pretextual Traffic Stops
Sheriff candidates support new Ann Arbor ordinance barring certain traffic stops
Mecklenburg Co. Sheriff Recently Changed Policy To Reduce Risk Of Traffic Stops Turning Deadly
Partner Highlights
Resources
Organizations Leading the Way
See our campaign pledge, and list of signers, HERE.