Scott Fulford, et al. v. George Wingate
SocialSecurity FourthAmendment CriminalProcedure JusticiabilityDoctri
Whether the Fourth Amendment requires that seemingly innocent factors be eliminated from the totality of the circumstances analysis for a Terry stop, and what level of deference is owed to law enforcement officers due to their experience and specialized training
QUESTIONS PRESENTED: The Fourth Amendment requires that a Terry stop be supported by some minimal level of objective justification for the stop. In conducting a Fourth Amendment Terry stop analysis, an officer must point to reasonable articulable suspicion to believe that criminal activity may be afoot. 1. In conducting this totality of the circumstances analysis, may seemingly innocent factors be eliminated from the aggregate evaluation, and what level of deference is owed to law enforcement officers due to their experience and specialized training? 2. Should qualified immunity continue to protect law enforcement officers from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable officer would have known?