Whether an officer's invocation of 'pacing' as a basis for a traffic stop, without any ability to show how he was trained to use such a technique or why it was a reliable estimate of speed, satisfied the Government's burden of justifying the warrantless traffic stop

QUESTION PRESENTED FOR REVIEW “The government bears the burden of proof in justifying a warrantless search or seizure.” United States v. McGee, 736 F.3d 263, 269 (4th Cir. 2013), citing Welsh v. Wisconsin, 466 U.S. 740, 749-50 (1984). In this case, the justification for the traffic stop was that Petitioner was speeding, a conclusion reached by the police officer based on a technique called “pacing.” The issue in this Petition is whether an officer’s invocation of pacing, without any ability to show how he was trained to use such a technique or why it was a reliable estimate of speed, satisfied the Government’s burden of justifying the warrantless traffic stop in this case. -1 II.