Category: Search and Seizure

Mobs, Myths, and Courage

Mob action is often premised on falsehoods. The most notorious in recent years was the “Hands Up” lie in the Ferguson, Missouri matter. See this post. Now we have the facts in the death of Breonna Taylor, and once again the mob has been calling for the prosecution of the wrong people. Today’s Profile in Courage award goes to Kentucky Attorney General Daniel Cameron. Continue reading . . .

Parsing the Three Opinions in Kansas v. Glover

Initially, the 8-1 vote in Kansas v. Glover, noted earlier today, was somewhat surprising. Reading through the three opinions in the case, we see some important differences that go beyond the result on the sparse facts of this case.

The Decision

Procedurally, the case was unusual in that the defendant’s motion to suppress evidence was decided on stipulated facts without a hearing. The officer ran the license plate, found that the registered owner had a revoked (not suspended) license, made no effort to identify the driver, and made the stop. That’s it. Continue reading . . .

Stopping a Car Whose Owner Has a Revoked License

The U.S. Supreme Court today decided Kansas v. Glover, No. 18-556, by an 8-1 vote:

This case presents the question whether a police officer violates the Fourth Amendment by initiating an investigative traffic stop after running a vehicle’s license plate and learning that the registered owner has a revoked driver’s license. We hold that when the officer lacks information negating an inference that the owner is the driver of the vehicle, the stop is reasonable.

Continue reading . . .