Computationally Assessing Suspicion

64 Pages Posted: 20 May 2024

See all articles by Wesley Oliver

Wesley Oliver

Duquesne Law School

Morgan A. Gray

University of Pittsburgh - Learning Research and Development Center

Jaromir Savelka

Carnegie Mellon University

Kevin Ashley

University of Pittsburgh - School of Law

Date Written: May 2024

Abstract

Law enforcement officers performing drug interdiction on interstate highways have to decide nearly every day whether there is reasonable suspicion to detain motorists until a trained dog can sniff for the presence of drugs. The officers’ assessments are often wrong, however, and lead to unnecessary detentions of innocent persons and the suppression of drugs found on guilty ones. We propose a computational method of evaluating suspicion in these encounters and offer experimental results from early efforts demonstrating its feasibility. With the assistance of large language and predictive machine learning models, it appears that judges, advocates, and even police officers could more effectively access the thousands of judicial opinions that have considered this issue—the legality of continued detention. In developing a predictive model, implicit biases in judicial decision-making may also be unearthed, potentially providing police departments with the tools to modify policies—and courts the rationale to rethink precedent—to make the reasonable suspicion standard more racially neutral in application.

Keywords: AI, artificial intelligence, Fourth Amendment, search and seizure, drug interdiction stops, racial profiling, automated decision making, reasonable suspicion

Suggested Citation

Oliver, Wesley and Gray, Morgan A. and Savelka, Jaromir and Ashley, Kevin, Computationally Assessing Suspicion (May 2024). University of Cincinnati Law Review, Vol. 92, No. 4, 2024, U. of Pittsburgh Legal Studies Research Paper No. 2024-21, Available at SSRN: https://ssrn.com/abstract=4834529

Wesley Oliver (Contact Author)

Duquesne Law School ( email )

600 Forbes Avenue
Pittsburgh, PA 15282
United States

Morgan A. Gray

University of Pittsburgh - Learning Research and Development Center ( email )

PA
United States

Jaromir Savelka

Carnegie Mellon University ( email )

Pittsburgh, PA 15213-3890
United States

Kevin Ashley

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States

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