Define and Give an Example of a Pretextual Stop

question 57

Essay

Define and give an example of a pretextual stop.

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Definitions:

Enemy Combatant

An individual engaged in hostilities against a state, who does not qualify as a lawful combatant under the laws of war.

Hamdi v. Rumsfeld

A landmark Supreme Court case decided in 2004 that recognized the power of the government to detain enemy combatants, including U.S. citizens, but also established detainees' rights to challenge their detention.

Foreign Intelligence

Information relating to the capabilities, intentions, or activities of foreign governments or non-state actors.

Departmentalist

A theory in U.S. constitutional law holding that each branch of the government has the authority to interpret the Constitution in its administration of its own powers.