State v. Aguirre

I respectfully dissent because the trial court used the wrong test to determine the reasonableness of the stop and must reconsider the motion in light of Whren v. United States, 517 U. S._(116 SC 1769, 135 LE2d 89) (1996).

The trial court, after stating the facts it had derived from the only witness, the officer, gave as the reason for granting the motion: “I find the testimony on why the defendant was stopped to be not credible.” In Whren, the United States Supreme Court unanimously rejected the subjective pretext test to determine reasonableness of a motor vehicle stop under the Fourth…