Cite as: 532 U. S. 769 (2001)
Per Curiam
The Arkansas Supreme Court declined to follow Whren on the ground that "much of it is dicta." 340 Ark., at 318-B, 16 S. W. 3d, at 552. The court reiterated the trial judge's conclusion that "the arrest was pretextual and made for the purpose of searching Sullivan's vehicle for evidence of a crime," and observed that "we do not believe that Whren disallows" suppression on such a basis. Id., at 318-C, 16 S. W. 3d, at 552. Finally, the court asserted that, even if it were to conclude that Whren precludes inquiry into an arresting officer's subjective motivation, "there is nothing that prevents this court from interpreting the U. S. Constitution more broadly than the United States Supreme Court, which has the effect of providing more rights." 340 Ark., at 318-C, 16 S. W. 3d, at 552.
Because the Arkansas Supreme Court's decision on re-hearing is flatly contrary to this Court's controlling precedent, we grant the State's petition for a writ of certiorari and reverse.* As an initial matter, we note that the Arkansas Supreme Court never questioned Officer Taylor's authority to arrest Sullivan for a fine-only traffic violation (speeding), and rightly so. See Atwater v. Lago Vista, ante, p. 318. Rather, the court affirmed the trial judge's suppression of the drug-related evidence on the theory that Officer Taylor's arrest of Sullivan, although supported by probable cause, nonetheless violated the Fourth Amendment because Taylor had an improper subjective motivation for making the stop. The Arkansas Supreme Court's holding to that effect cannot be squared with our decision in Whren, in which we noted our "unwilling[ness] to entertain Fourth Amendment challenges based on the actual motivations of individual officers,"
*Sullivan's motion for leave to proceed in forma pauperis is granted. We have jurisdiction under 28 U. S. C. § 1257 notwithstanding the absence of final judgment in the underlying prosecution. See New York v. Quarles, 467 U. S. 649, 651, n. 1 (1984) ("[S]hould the State convict respondent at trial, its claim that certain evidence was wrongfully suppressed will be moot. Should respondent be acquitted at trial, the State will be precluded from pressing its federal claim again on appeal").
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