{"id":10195,"date":"2014-01-12T08:01:05","date_gmt":"2014-01-12T08:01:05","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2014-01-12T08:01:05","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10195","title":{"rendered":"KY: State’s auto insurance database not yet shown reliable enough to base arrest on; remanded"},"content":{"rendered":"

The state auto insurance database was not shown to be sufficiently reliable on which to base an arrest for driving on no insurance, and the case is remanded for factfinding on the degree of reliability. Willoughby v. Commonwealth<\/a>, 2014 Ky. App. LEXIS 5 (January 10, 2014)*:\t\t<\/p>\n

<\/p>\n

In its order, the trial court properly recognized the significant role AVIS’s reliability plays in determining the reasonableness of Officer Hardcorn’s suspicions. However, we are troubled by the trial court’s statement that Officer Hardcorn’s testimony attributed a 95% accuracy rate to AVIS. Had this been the case, ours might be a simpler decision. However, Officer Hardcorn never said, or even intimated, this fact. Hence, there is a lack of substantial evidence supporting the trial court’s only finding regarding the crucial question of AVIS’s reliability.<\/p>\n

Like the Court in Esquivel-Rios, we are confronted with the question: what level of reliability must a database reach to induce a reasonable and objective suspicion and thereby pass constitutional muster? 95 percent? 75 percent? 51 percent? Is “more times than not” sufficient? We simply do not know enough to answer these questions. Like the Court in Esquivel-Rios, the lack of information in the record tending to answer this pivotal question compels us to remand the issue to the trial court for further proof concerning AVIS’s reliability. While we could elect to make a sweeping decision as to the reasonableness of officers’ reliance on the AVIS database, we are unwilling, without more information, to render a judgment which would profoundly affect both the individual’s right to be left alone and law enforcement’s ability to enforce the law.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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