The Yale Law Journal

Eric F. Citron

Note

Right and Responsibility in Fourth Amendment Jurisprudence: The Problem with Pretext

Eric F. Citron

Since Whren v. United States, Fourth Amendment analysis has failed to appreciate the serious wrongfulness of pretextual police behavior—especially searches and seizures. This is not because a pretext test is impractical or philosophically unsound. Rather, the problem lies in the current focus of our…