Final Paper Draft 1

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Case: Kansas v. Glover, 590 U.S. ___ (2020) Issue: Whether a police officer may initiate a traffic stop based solely on the registered owner’s license plate showing that the owner’s driver’s license has been revoked, without additional evidence that the owner is actually the driver of the vehicle? Rule: The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures by the government. A traffic stop constitutes a seizure under the Fourth Amendment, and a police officer must have reasonable suspicion that a traffic violation has occurred or is occurring before initiating a traffic stop. Reasonable suspicion requires a particularized and objective basis for suspecting that the driver is engaged in illegal activity. The registered owner of a vehicle with a revoked driver’s license does not automatically create reasonable suspicion to initiate a traffic stop. Analysis: In Kansas v. Glover, the issue at stake is whether a police officer may initiate a traffic stop based solely on the registered owner’s license plate showing that the owner’s driver’s license has been revoked, without additional evidence that the owner is actually the driver of the vehicle. Glover argued that the traffic stop was unconstitutional because the police officer did not have reasonable suspicion to initiate the stop. The state of Kansas argued that the stop was constitutional because the registered owner’s revoked license created reasonable suspicion that the driver was operating the vehicle without a valid license. The Supreme Court held that the traffic stop was constitutional. The Court applied the reasonable suspicion standard and held that the police officer had reasonable suspicion to initiate the traffic stop based on the fact that the registered owner’s license was revoked. The Court stated that a common-sense inference could be drawn that the owner of a vehicle is likely the driver of the vehicle in most cases, absent any indication to the contrary. The Court noted that additional factors, such as the time of day, location, and observed driving behavior, could provide further evidence of reasonable suspicion. Kansas v. Glover, 590 U.S. ___ (2020), was a case that raised important Fourth Amendment questions about the use of vehicle registration information to establish reasonable suspicion for a traffic stop. The case ultimately hinged on the question of whether a police officer may initiate a traffic stop based solely on the registered owner's license plate showing that the owner's driver's license has been revoked, without additional evidence that the owner is actually the driver of the vehicle.

The Supreme Court held that the stop was constitutional, finding that the police officer had reasonable suspicion to initiate the traffic stop based on the fact that the registered owner's license was revoked. The Court reasoned that a common-sense inference could be drawn that the owner of a vehicle is likely the driver of the vehicle in most cases, absent any indication to the contrary. Legal scholars have since analyzed the Court's decision, with some praising the decision as a common-sense application of the Fourth Amendment, while others have raised concerns about the decision's implications for privacy and civil liberties. One commentator, Shon Hopwood, writing in the American Bar Association Journal, argues that the Court's decision represents a reasonable application of the reasonable suspicion standard. Hopwood notes that the Court was careful to distinguish between the use of registration information as a basis for reasonable suspicion and the automatic use of such information to justify a traffic stop. He argues that the Court's decision recognizes the practical realities of police work, while still preserving the Fourth Amendment's protections against unreasonable searches and seizures. On the other hand, some legal scholars have raised concerns about the decision's potential implications for privacy and civil liberties. In an article in the Indiana Law Journal, Catherine Hancock argues that the Court's decision undermines the privacy interests of vehicle owners, who may have their vehicles stopped and searched based solely on the fact that their license has been revoked. Hancock argues that the Court's decision effectively endorses a "guilt-by-association" approach, which allows police officers to target individuals based on the actions of others. Conclusion: The Supreme Court’s decision in Kansas v. Glover reaffirms the reasonable suspicion standard for traffic stops and provides guidance on the use of registered owner information in initiating a traffic stop. While the decision does allow for the use of registered owner information to create reasonable suspicion, it is important for police officers to consider additional factors to ensure that the stop is based on a particularized and objective basis for suspecting that the driver is engaged in illegal activity. Overall, the legal analysis of Kansas v. Glover highlights the complex and nuanced issues raised by Fourth Amendment cases involving vehicle stops and the use of registration information as a basis for reasonable suspicion. While the Court's decision in this case may represent a reasonable application of the Fourth Amendment, legal scholars will continue to debate the implications of the decision for privacy, civil liberties, and the practical realities of police work.

Daniel Coble. (April 6, 2020 Monday). Big SCOTUS Fourth Amendment Case: Kansas v. Glover. Newstex Blogs Everyday Evidence Legal Blog. https://advance-lexis-com.libdb.njit.edu:8443/api/document?collection=news&id=urn:contentItem:5YKT-K2K1-F03R-N2VN-00000- 00&context=1516831 . Fourth amendment—Search and seizure—Reasonable suspicion—Kansas v. Glover. (2020). Harvard Law Review , 134 (1), 500–509. https://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=146982524&site=ehost-live . Hunter J. Rodgers * (Fall, 2020). ARTICLE: Terry, Traffic Stops, and Tragedy: Conflicts and Concerns in the Wake of Kansas v. Glover. Seattle Journal for Social Justice, 19, 251. https://advance-lexis-com.libdb.njit.edu:8443/api/document?collection=analytical- materials&id=urn:contentItem:624R-WWN1-FCK4-G3JM-00000-00&context=1516831 . Kansas v. Glover, 140 S. Ct. 1183, 206 L. Ed. 2d 412, 2020 U.S. LEXIS 2178, 28 Fla. L. Weekly Fed. S 111 (Supreme Court of the United States April 6, 2020, Decided). https://advance-lexis-com.libdb.njit.edu:8443/api/document?collection=cases&id=urn:contentItem:5YKS-K8P1-F27X- 62NS-00000-00&context=1516831 . Kansas v. Glover. (n.d.). Oyez . Retrieved March 30, 2023, from https://www.oyez.org/cases/2019/18-556 Kansas v. Glover. (n.d.). Oyez . Retrieved March 30, 2023, from https://argument2.oyez.org/2019/kansas-v-glover/ Kent Scheidegger. (April 6, 2020 Monday). Parsing the Three Opinions in Kansas v. Glover. Newstex Blogs Crime and Consequences. https://advance-lexis-com.libdb.njit.edu:8443/api/document?collection=news&id=urn:contentItem:5YKX-Y601-JCMN-Y38W- 00000-00&context=1516831 . Bibliography Coble, D. (2020, April 6). Big SCOTUS Fourth Amendment Case: Kansas v. Glover. Retrieved from Newstex Blogs Everyday Evidence Legal Blog: https://advance-lexis-com.libdb.njit.edu:8443/api/document? collection=news&id=urn:contentItem:5YKT-K2K1-F03R-N2VN-00000-00&context=1516831. Delaware v. Prouse 440 U.S. 648 (Supreme Court of United States March 27, 1979). Fourth Amendment-Search and Seizure-Reasonable Suspicion-Kansas v. Glover (2020). (2020). Harvard Law Review , 500-509. Kansas v. Glover 589 U.S., 18-556 (Supreme Court of United States April 6, 2020). Rodgers, H. J. (n.d.). Terry, Traffic stops, and Tragedy: Conflicts and Concerns in the Wake of Kansas v. Glover . Retrieved from Nexis Uni: . https://advance-lexis-com.libdb.njit.edu:8443/api/document?collection=analytical- materials&id=urn:contentItem:624R-WWN1-FCK4-G3JM-00000-00&context=1516831 Terry v. Ohio 392 U.S. (Supreme Court of United States June 10, 1968). U.S. v. Cortez 449 U.S.411 (Supreme Court of United States January 21, 1981). Virginia Lawyers Weekly. (2021, June 28). Reasonable, articulable suspicion for vehicle stop . Retrieved from Opinion Digest: . https://advance-lexis-com.libdb.njit.edu:8443/api/document? collection=analytical-materials&id=urn:contentItem:624R-WWN1-FCK4-G3JM-00000- 00&context=1516831

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