Ep. #294: Can cops stop a vehicle is RO is not returning with license?

2 years ago
3

📌 Glover's counterarguments are unpersuasive. He argues that the deputy's inference was unreasonable because it was not grounded in his law enforcement training or experience. Such a requirement, however, is inconsistent with this Court's Fourth Amendment jurisprudence. See, e.g., Navarette, 572 U.S. at 402, 134 S.Ct. 1683. It would also place the burden on police officers to justify their inferences by referring to training materials or experience, and it would foreclose their ability to rely on common sense obtained outside of their work duties. Glover's argument that Kansas’ view would permit officers to base reasonable suspicion exclusively on probabilities also carries little force. Officers, like jurors, may rely on probabilities in the reasonable suspicion context. See, e.g., United States v. Sokolow, 490 U.S. 1, 8–9, 109 S.Ct. 1581, 104 L.Ed.2d 1. Moreover, the deputy here did more than that: He combined facts obtained from a database and commonsense judgments to form a reasonable suspicion that a specific individual was potentially engaged in specific criminal activity. Pp. 1189 – 1190.
- Kansas v. Glover, 140 S. Ct. 1183, 1185, 206 L. Ed. 2d 412 (2020)

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