Kansas v. Glover: Granting Law Enforcement Further Discretion To Conduct Investigatory Stops

Nicole Fullem

In what could have been an opportunity to clarify the reasonable suspicion doctrine, the Court instead further blurred the line of reasonable suspicion by departing from precedent and failing to balance the governmental intrusion of a traffic stop against an individual’s Fourth Amendment privacy interest. Although the Court correctly acknowledged that officers may rely on commonsense inferences, the Court wrongfully ignored law enforcement’s primary responsibility––investigating potential criminal activity and traffic violations––and inevitably discouraged law enforcement officers from doing so. Most importantly, the Court failed to recognize the negative implications its ruling has on disadvantaged communities. Ultimately, Kansas v. Glover further erodes the Fourth Amendment.