Police Chief Looking Forward to Hearing From Community on Pretext Stops

Shortly before the first of two forums on pretextual stops, Pasadena Police Chief Gene Harris said he was looking forward to the event.

“I’m anxious to hear the discussion brought forth by community members. It’s a wonderful opportunity for interaction between the police department and the community it serves,” Harris told Pasadena Now on Thursday.

Pretextual stops occur when police officers stop a motorist for a minor violation, like window tint or air freshener hanging from the rearview mirror, but the true intention of the stop is to either investigate a separate, unrelated crime or check out the driver.

Several cities have established policies either requiring police officers to explain why a minor traffic stop is being elevated to a criminal investigation or prohibiting some pretext stops.

A second meeting will be held next Thursday at 6 p.m. on March 14 at Robinson Park Recreation Center.

According to researchers, pretext stops impact minorities at a higher rate than white drivers.

The Supreme Court ruled the such stops constitutional in Whren v. United States in 1996. In that case, Michael Whren was riding in a car being driven by James L. Brown in a “high drug area” in Washington D.C. When officers approached the car at a stop sign, it sped off at what they deemed an “unreasonable” speed without using the turn signal, leading to the traffic stop. Upon stopping the car, police searched the vehicle and discovered illegal drugs.

Attorneys attempted to suppress the evidence on the grounds that the vehicle stop was pretextual. They argued there was no probable cause or reasonable suspicion that the defendants were engaged in illegal drug activity.

Attorneys also argued that police used the pretense of making a traffic stop to investigate for evidence of other crimes.

The High Court noted the district court’s finding that the officers had probable cause to believe the defendants had violated the traffic code and opined the vehicle stop was reasonable under the Fourth Amendment, making the drug discovery admissible.

The men were sentenced to 14 years in jail each.

Locally, the Office of Independent Review called for community meetings on the stops in its probe of the fatal 2020 officer-involved shooting of Anthony McClain.

The Office of Independent Review was hired to conduct a probe of the department’s adherence to policy leading up to, during, and directly following the shooting.

The driver of the vehicle McClain was riding in was stopped for not having a front license plate. McClain attempted to flee from the scene and was fatally shot. Police said he was armed.

“The Community Police Oversight Commission should convene community conversations to formally discuss and consider the pros and cons of Pasadena Police Department’s use of pretext stops, especially with regard to minor equipment violations,” the Office of Independent Review said in its report.

In a separate incident, Christopher Ballew was struck with batons and fists and had his head slammed into the asphalt by Pasadena police officers after they followed him into a gas station. The officers said they were attempting to stop him because the window tint on the vehicle he was driving was excessive.

Ballew was arrested for resisting arrest and assaulting a police officer. Ballew was never charged.

Police say that enforcing traffic and vehicle codes plays an important role in local law enforcement. A large percentage of illegal firearms police discover and take into custody are found during routine traffic stops.