In Navarette v. California, the Court held that the "absence of additional suspicious conduct"—five minutes of normal driving—did not dispel reasonable suspicion of drunk driving. 572 U.S. 393, 403-04 (2014). Uncertainty resulting from this aspect of Navarette's holding has led the Seventh Circuit and Eleventh Circuit Courts of Appeals to contrary conclusions regarding whether the "absence of additional suspicious conduct" can dispel reasonable suspicion of unlawful gun use. The question presented is:

Whether the "absence of additional suspicious conduct" can dispel reasonable suspicion of unlawful gun use.

Whether the 'absence of additional suspicious conduct' can dispel reasonable suspicion of unlawful gun use