Letter to Senate leadership regarding federal sentencing reform proposals that begin to address shortcomings and disparities. See the COVID-19 Safer Detention Act of 2021 (S. 312), the First Step Implementation Act of 2021 (S. 1014), the Prohibiting Punishment of Acquitted Conduct Act of 2021 (S. 601), the EQUAL Act (S. 79), the Kenneth P. Thompson Begin Again Act (S. 2502), and the Driving for Opportunity Act (S. 998).
Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Respondent.
Argument: Kansas's bright-line rule is incompatible with the flexible reasonable-suspicion standard. Automated license-plate reader technology highlights the constitutional problems with Kansas's rule. Kansas's rule lets computers, not case-by-case judgments, control the constitutional analysis. The proposed cure for "mistaken stops"--that they will be brief--is no substitute for the Fourth Amendment's protections against unreasonable seizures. Adopting Kansas's rule would create an incentive against investigation. The erosion of privacy would disproportionately affect the poor. A suspended or revoked license indicates economic status, not unsafe driving. ALPR technology unduly affects the poor.