> law enforcement is required to have a reasonable, articulable suspicion of a crime in order to detain people.
In theory, yes.
In practice, yes, with many caveats.
LE doesn't have to articulate that reasonable suspicion at the time of the detention. They can come up with that suspicion years later when it comes to deciding in court whether the evidence from that traffic stop can be suppressed. This is assuming that the warrantless search even found anything, the suspect didn't accept a plea deal in lieu of going to trial, and the charges weren't dropped just before trial.
A working system for this sort of thing would be more like:
* The officer needs to record that reasonable suspicion at the time of the detention.
* All of these reasonable suspicion detentions are recorded, along with outcomes. This becomes evidence for reasonability presented in court. An officer with a low hit rate suggests that the suspicion in generally unreasonable, and they are just fishing.
* A 20 minute timer is started at the start of a traffic stop. If the officer can't articulate the reasonable suspicion at the 20 minute mark, detention is considered plainly illegal, and qualified immunity does not apply. This prevents keeping people on the roadside for a hour waiting for the dog to show up.
* Similarly, the hit rate of the police dogs needs to be recorded, and low hit rate should make any evidence from them inadmissible.
For any of this to happen, we would need to start giving standing to supposedly "unharmed" suspects that just had their vehicle torn apart and hours of their lives wasted without charge. Currently, the courts seem to think that a little wait at a traffic stop and an fruitless illegal search that is never seen in the courtroom is no damage at all.
The traffic stop is for breaking some kind of traffic law, usually.
I suppose you could have a reasonable suspicion stop, but it would have to be something like "a hit and run just happened nearby, no vehicle description", and you witness a car with a smashed grill and leaking radiator fluid, but not breaking any traffic laws.
Reasonable suspicion might develop over the course of the stop, e.g. driver is super nervous, the back seat is full of overstuffed black duffel bags, there is a powerful chemical air freshener odor, and the vehicle has just crossed the Mexico border.
In theory, yes.
In practice, yes, with many caveats.
LE doesn't have to articulate that reasonable suspicion at the time of the detention. They can come up with that suspicion years later when it comes to deciding in court whether the evidence from that traffic stop can be suppressed. This is assuming that the warrantless search even found anything, the suspect didn't accept a plea deal in lieu of going to trial, and the charges weren't dropped just before trial.
A working system for this sort of thing would be more like:
* The officer needs to record that reasonable suspicion at the time of the detention.
* All of these reasonable suspicion detentions are recorded, along with outcomes. This becomes evidence for reasonability presented in court. An officer with a low hit rate suggests that the suspicion in generally unreasonable, and they are just fishing.
* A 20 minute timer is started at the start of a traffic stop. If the officer can't articulate the reasonable suspicion at the 20 minute mark, detention is considered plainly illegal, and qualified immunity does not apply. This prevents keeping people on the roadside for a hour waiting for the dog to show up.
* Similarly, the hit rate of the police dogs needs to be recorded, and low hit rate should make any evidence from them inadmissible.
For any of this to happen, we would need to start giving standing to supposedly "unharmed" suspects that just had their vehicle torn apart and hours of their lives wasted without charge. Currently, the courts seem to think that a little wait at a traffic stop and an fruitless illegal search that is never seen in the courtroom is no damage at all.