Leveraging Predictive Policing Algorithms to Restore Fourth Amendment Protections in High-Crime Areas in a Post-Wardlow World

Rapid technological changes have led to an explosion in Big Data collection and analysis through complex computerized algorithms. Law enforcement has not been immune to these technological developments. Many local police departments are now using highly advanced predictive policing technologies to predict when and where crime will occur in their communities, and to allocate crime-fighting resources based on these predictions. Although predictive policing technology has an array of the potential uses, the scope of this Note is limited to addressing how the statistical outputs from these technologies can be used to restore eroded Fourth Amendment rights in alleged high-crime areas. As the use of sophisticated predictive policing software becomes more widespread, courts will need to address how the statistical outputs from this technology factor into the reasonable suspicion calculus when a police officer performs a Terry stop in an alleged “high-crime” area. This Note argues that uniform standards and best practices must be developed to guide law enforcement’s use of predictive policing software, and that this software should be leveraged as a tool to help restore eroded Fourth Amendment rights