Quantifying Reasonable Suspicion

Question 1

Illinois v. Wardlow

Answer 1

: Police in high crime part of city, see Wardlaw standing by a building holding opaque bag. He saw police, started running, police caught him, conducted pat down search for weapons, found a gun

• Totality of Circumstances test: This WAS enough for reasonable suspicion to justify a stop and frisk, mere presence in high crime area is NOT enough for reasonable suspicion but it is a valid consideration

[presence in heavy narcotics trafficking area + unprovoked flight = reasonable suspicion]

• Flight + high crime area + opaque bag = reasonable suspicion ???

Question 2

Kansas v. Glover (2020)

Answer 2

PO ran plate, finds that the owner has a revoked license, and he infers that the owner is the driver, since those who own the car are usually the driver

Issue: whether there is reasonable suspicion that the owner is driving
Holding: yes. Database + common sense judgment = reasonable sus
- Will not subject RS calc to any sort of rigorous technical or methodological framework
- Do not need to rule out an innocent explanation first, BUT will not have reasonable suspicion if you have info that would negative inference

• RULE: stop of vehicle based on previous traffic violation of registered owner is reasonable unless there is info NEGATING THE INFERENCE that the driver is the actual registered owner
• It is a RATIONAL INFERENCE to assume that people w/ suspended licenses continue to drive and therefore it was fair assumption for this officer to make when he followed Glover’s car
• OBSERVATION + EXPERIENCE = RATIONAL INFERENCE