Nuance, Technology, and the Fourth Amendment: A Response to Predictive Policing and Reasonable Suspicion

Abstract

Professor Arcila agrees with Professor Andrew Ferguson that predictive policing will likely be incorporated into Fourth Amendment law and that it will alter reasonable suspicion determinations. But Professor Arcila argues that such an outcome would perpetuate a larger deficiency in our Fourth Amendment jurisprudence and should be avoided because it fails to adequately consider and respect a broader range of protected interests.

Keywords: Fourth Amendment, predictive policing, reasonable suspicion, Terry v. Ohio, imminence standards, corroboration requirements, constitutional safeguards