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Reasonable for Officer to Suspect the Registered Owner of Vehicle is Driving

A Kansas officer ran a registration check on a pickup truck and learned that the registered owner's license had been revoked. Suspecting that the owner was unlawfully driving, the officer stopped the truck, confirmed that the owner was driving, and issued the owner a citation for being a habitual violator of Kansas traffic laws. The Kansas Supreme Court, breaking with 12 state supreme courts and 4 federal circuits, held the stop violated the Fourth Amendment.

The question presented is whether, for purposes of an investigative stop under the Fourth Amendment, it is reasonable for an officer to suspect that the registered owner of a vehicle is the one driving the vehicle absent any information to the contrary. (State v. Glover (Kan. 2018) 422 P.3d 64, cert. granted 4/1/2019 (18-556).)

Updated: 4/1/2019

Return to: U.S. Supreme Court Pending Issues.

 

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