Whren v. United States

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Case Overview

CITATION

ARGUED ON

DECIDED ON

DECIDED BY

517 U.S. 106

Apr. 17, 1996

May 15, 1996

Legal Issue

Does the arrest of a suspect for refusing to identify themselves during a Terry stop violate the Fourth Amendment’s protection from unreasonable search or seizure or the Fifth Amendment’s protection from self-incrimination?

Holding

No, the arrest didn’t violate the Fourth Amendment because the officer had reasonable suspicion and the investigation was minimally intrusive, nor did it violate the Fifth Amendment because disclosure of the suspect’s name presented no reasonable danger of incrimination.

Officers of the Washington Metropolitan Police Department pictured in the 1990s | Credit: Washington Metropolitan Police Department

Background

On the evening of June 10, 1993, plainclothes vice-squad officers of the District of Columbia Metropolitan Police Department were patrolling a high drug area of the city in an unmarked vehicle. The officers’ suspicions were aroused when they observed a dark Pathfinder truck with temporary license plates stopped at an intersection for more than 20 seconds, with the driver looking down into the lap of the passenger to his right. When the officers executed a U-turn to head back toward the truck, the vehicle turned suddenly to its right without signaling and sped off at an “unreasonable” speed. The officers followed and passed the vehicle when it stopped behind other traffic at a red light. At that point, Officer Ephraim Soto stepped out, approached the driver’s door, identified himself as a police officer, and directed the driver, James Brown, to put the vehicle in park. Officer Soto observed two large plastic bags of what appeared to be crack cocaine in the hands of the passenger, Michael A. Whren. Brown and Whren were subsequently arrested, and additional quantities of illegal drugs were retrieved from the truck. Brown and Whren were charged in a four-count indictment with federal drug offenses.

Prior to trial in the U.S. District Court for the District of Columbia, Brown and Whren moved to suppress the drug evidence, arguing that the stop was not justified by probable cause or reasonable suspicion of illegal drug activity, but the District Court denied the motion. On appeal, the U.S. Court of Appeals for the D.C. Circuit affirmed the convictions. The U.S. Supreme Court then granted certiorari.

Unanimous decision for the United States

Hiibel

Sixth Judicial District

Thomas

Scalia

Kennedy

Rehnquist

Stevens

Souter

O’Connor

Ginsburg

Breyer

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