Stories That Swim Upstream: Uncovering the Influence of Stereotypes and Stock Stories in Fourth Amendment Reasonable Suspicion Analysis

Sherri Lee Keene

This Essay challenges courts to acknowledge and address racial bias in the courtroom at a more fundamental level. It discusses the limitations of judicial review, which fails to appreciate the potential impact of implicit racial bias on a police officer's assessment of a citizen's behavior. Specifically, it focuses on the Supreme Court's Fourth Amendment reasonable suspicion analysis and explains how the potential for biased decisionmaking is worsened in a legal system where race is deemed legally irrelevant, and as a result not meaningfully considered. Moreover, this Essay discusses the specific challenge of cognitive shortcuts that can mask implicit racial bias, limiting a court's ability to recognize its potential influence and thus engage in a robust review of police officers' actions.