Amicus Brief in Sievers v. Neb. re: "INFORMATION-seeking" stops

Overview

The Policing Project submitted its second amicus brief in support of certiorari asking the United States Supreme Court to overturn a decision of the Nebraska Supreme Court that permitted a police stop of a vehicle, in the absence of reasonable suspicion, on the grounds that the stop was merely information-seeking.

We filed because we felt the decision confounded and undermined basic principles of the Fourth Amendment, a problem impacting other state and federal courts as well. Relieving the state of its burden to prove that it had sufficient cause to stop a person simply because the state sought information would restore the kind of search-and-seizure regime the Fourth Amendment was designed to prevent. The fact that the government seeks information from the people describes the problem that the Fourth Amendment is meant to address, not the basis for an exception to its protections.

The brief drew in partners from across the political spectrum, including the Cato Institute, the American Civil Liberties Union, the ACLU of Nebraska and the NAACP Legal Defense & Educational Fund. Paul D. Clement and Erin E. Murphy of Kirkland & Ellis LLP served as counsel and drafted the brief.