Jeff Kirchmeier
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kirchmeier.bsky.social
Jeff Kirchmeier
@kirchmeier.bsky.social
Law professor, CUNY Law School. Author of "Imprisoned by the Past: Warren McClesky, Race, and the American Death Penalty" about the history of capital punishment. Criminal law, social justice, etc. he/him.
Reposted by Jeff Kirchmeier
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October 10, 2025 at 1:19 PM
The standard at issue is for detaining someone (albeit briefly), as the 4th Amendment does not bar police talking to people. But Kavanaugh's opinion extends the power to detain based on a combination of only factors like the person's race, the town where they live, and their job.
September 10, 2025 at 7:25 PM
Now, again, I hope that Justice Kavanaugh in concurring does not represent the Fourth Amendment reasoning for the majority. But everyone should be concerned.

Read the dissent by Justice Sotomayor for more thorough analysis.
10/10
September 10, 2025 at 7:25 PM
More importantly, he ignores that the case involved activities near the border, where the Court gives broader government powers and less Constitutional protections. But Noem v. Vasquez is not a border case and is not focused on being near the border but in Los Angeles.
9/10
September 10, 2025 at 7:25 PM
Justice Kavanaugh does cite United States v. Brignoni-Ponce for that proposition, though in that case the Court said that ethnicity could not be the sole reason for a stop. . .
8/10
September 10, 2025 at 7:25 PM
The other factors he lists, like "apparent ethnicity" and the person's job, seems to find reasonable suspicion justifying a stop only for activities relating to existing within the law.
7/10
September 10, 2025 at 7:25 PM
But even under that low standard of Wardlow, he goes even lower, saying that reasonable suspicion may be based not on a small geographic area but on living in Los Angeles.
6/10
September 10, 2025 at 7:25 PM