E.D.Mich.: A state DMV database that is 90-95% accurate on insurance records is close enough for RS

“Stone makes much out of the fact that the SOS database is only 90-95% accurate. The database’s high degree of accuracy would seem to work against rather than support Stone’s argument. As a practical matter, ‘probable cause does not require absolute certainty.’ United States v. Lewis, 615 Fed. Appx. 332, 337 (6th Cir. 2015). It does not even require a showing that the officer’s belief is “correct or more likely true than false.” Texas v. Brown, 460 U.S. 730, 742 (1983). And, as discussed above, the reasonable suspicion standard is even less onerous than the probable cause standard. Prado Navarette v. California, 572 U.S. 393, 397 (2014) (The level of suspicion that justifies an investigative stop, reasonable suspicion, ‘is considerably less than proof of wrongdoing by a preponderance of the evidence, and obviously less than is necessary for probable cause.’). Thus, the troopers’ reliance on information from a state database that has been measured to be at least 90% accurate in identifying vehicles that lack insurance coverage would seem to easily raise a reasonable suspicion of a violation of state law.” United States v. Stone, 2021 U.S. Dist. LEXIS 177145 (E.D.Mich. Sept. 17, 2021).

The application for the search warrant disclosed some potentially exculpatory information that defendants complain about. There was probable cause on the totality. United States v. Jones, 2021 U.S. Dist. LEXIS 177164 (D.Conn. Sept. 17, 2021).*