E.D.Va.: While a mistaken identity arrest can still be reasonable, this was based on hunch, or race, and was unreasonable

A mistaken identity arrest can still be reasonable. This one, however, clearly isn’t. It “was, at best, a hunch and, at worst, a hunch based on the race of the identified man.” United States v. Taylor, 2021 U.S. Dist. LEXIS 20955 (E.D. Va. Feb. 3, 2021):

In sum, these three facets of the Government’s reasonableness argument amount to no support at all.

When those aspects of the Government’s argument are properly contextualized, the reasonableness of Drahms’ identification of Taylor as Pierce turns on (a) a profile view; (b) of a man 80 feet away; (c) made on the turn of Drahms’ head; (d) while traveling 35 miles per hour; and (e) while passing a stationary subject. On this record, the Court must conclude that the basis for Drahms’ identification of Taylor as Pierce was, at best, a hunch and, at worst, a hunch based on the race of the identified man. That is not an objectively reasonable basis for Drahms’ identification of Taylor as Pierce.

For the foregoing reasons, the mistaken identification was unreasonable and the Motion to Suppress was well-taken.

. . .

Exclusionary Rule

In this case, because of Drahms’ serious and objectively unreasonable mistake, the Court finds that all of the evidence subsequently uncovered by police must be suppressed. Quite obviously this decision is not without its costs. Significant evidence of significant criminal conduct is to be suppressed. And, suppressing that evidence unquestionably exacts a toll on our society, which has a compelling interest in stopping criminal activity. However, society has an equally compelling interest in making sure that law enforcement officers have a reasonable basis for identifying individuals who are to be arrested. This record discloses no such basis.