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96 N.D. L. Rev. 63 (2021)
Criminal Law - Reasonable Suspicion: Not Just Based on Training and Professional Experience

handle is hein.journals/nordak96 and id is 67 raw text is: CRIMINAL LAW - REASONABLE SUSPICION: NOT JUST BASED ON TRAINING AND PROFESSIONAL EXPERIENCE Kansas v. Glover, 140 S. Ct. 1183 (2020) ABSTRACT One of our most foundational freedoms is our right to live in peace with- out being accosted by the government. While the Fourth Amendment sets some high bars, law enforcement can perform simple investigatory stops un- der very low scrutiny. In Kansas v. Glover, the United States Supreme Court held that an officer may draw from their life experience and common sense to justify reasonable suspicion. A Kansas deputy sheriff ran a license plate check on a pickup truck to discover that the registered owner, Charles Glover, Jr., had a revoked license. Assuming that Glover was driving, the officer initiated a traffic stop, discov- ering that Glover was indeed driving. Glover moved to suppress all evidence from the stop, claiming the deputy lacked reasonable suspicion for the stop. The Kansas District Court granted the motion to suppress, and the Court of Appeals reversed. The Kansas Supreme Court reversed the Court of Appeals, holding that the officer obtained the evidence only after violating Glover's Fourth Amendment rights. The Supreme Court of the United States granted certiorari and held that an officer who lacks information negating their com- monsense inference that the owner is driving the vehicle has acted reasonably under the Fourth Amendment. Reasonable suspicion is a low standard, yet many states across the coun- try, including North Dakota, have begun to increase this standard from where it rightfully sits in Fourth Amendment jurisprudence. Recent cases, such as State v. Morsette,' and State v. Wills,2 have interpretations of the Fourth Amendment that heighten reasonable suspicion to being closer to probable cause. While the two standards remain different, the reasonable suspicion standard has been inching upward, requiring officers provide more evidence or have more training to justify a simple investigatory traffic stop .3 The United States Supreme Court in Glover reiterated and anchored reasonable suspicion as a very low threshold. 1. 2019 ND 84, 924 N.W.2d 434. 2. 2019 ND 176, 930 N.W.2d 77. 3. See, e.g., State v. Miller, 510 N.W.2d 638, 640-44 (N.D. 1994); see also State v. Smith, 2005 ND 21, 55 16-19, 691 N.W.2d 203.

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