Thanks to @ssrn.bsky.social for highlighting my essay, out in the Stanford Law Review Online. I argue that changing landscape about the suspiciousness of carrying a gun lends to overreliance on associational suspicion when justifying police interventions.
I've posted a draft essay, titled "The Emerging Firearms Hypocrisy of Terry," which is forthcoming in @stanlrev.bsky.social. It discusses this summer's decision in U.S. v. Wilson and problematic privileging of 2A rights in 4A analysis. Comments are welcome!
papers.ssrn.com/sol3/papers....
SCOTUS reversed the D.C. Circuit's decision in In re R.W., which "rejected articulable suspicion arguments based upon guilt by association,” reasoning that although the defendant did not run, "his companion's flight cast his presence in a suspicious light."
www.supremecourt.gov/opinions/25p....
I am thankful to the student editors for excellent work and to every colleague who gave me feedback.
I'm so grateful to the excellent editors at @stanlrev.bsky.social for quickly publishing this essay on an important tension in Fourth Amendment law.
I strongly disagree with the interpretation of Fourth Amendment precedent to support a transferable inference of guilt by association.
papers.ssrn.com/sol3/papers....