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United States Leading Case uncategorised

Whren v United States

517 U.S. 806 (1996)
JurisdictionUnited States
CourtUS Supreme Court
Year1996
StatusBinding authority

Summary

A traffic stop does not violate the Fourth Amendment if there is an objective basis for it, regardless of the officer's subjective intent or pretext.

Key Principle

Fourth Amendment; pretextual traffic stop; subjective intent of officer irrelevant if objective basis exists

Area of Law

criminal

Related Cases

Pell v The Queen (2020) 268 CLR 123

Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

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