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Wednesday, April 24, 2024 | Back issues
Courthouse News Service Courthouse News Service

Case of Habitual Traffic Violator Heads to High Court

The Supreme Court agreed Monday to resolve a circuit split centered on whether police can reasonably infer that a car is being driven by its owner.

WASHINGTON (CN) - The Supreme Court agreed Monday to resolve a circuit split stemming from a traffic stop where a man drove his pickup perfectly, but without a license.

Kansas Sheriff’s Deputy Mark Mehrer learned that Charles Glover Jr.'s license had been suspended when he performed a registration check on Glover's pickup truck. Operating under the assumption that it was Glover who was driving, Mehrer pulled the truck over.

Glover in turn was arrested for being a habitual violator, but he fought to suppress the evidence under the Fourth Amendment, saying Mehrer lacked a reasonable suspicion to pull him over. Kansas took the case to the U.S. Supreme Court after the Supreme Court of Kansas sided last year with Glover.

In its petition for certiorari, the state notes that the ruling in favor of Glover split with "more than two dozen other courts that have decided the question," including federal appeals courts.

Kansas Attorney General Derek Schmidt celebrated this morning’s order taking up the case.

"I am encouraged by the U.S. Supreme Court's decision to hear our appeal to help bring clarity to this aspect of law," Schmidt said in a statement. "Numerous other state supreme courts and federal courts have ruled it is reasonable for an officer to suspect the registered owner of a vehicle is the person driving their car. We look forward to making our argument before the justices in the fall."

Glover is represented by Goldstein & Russell partner Sarah Harrington, who declined to comment Monday morning.

Categories / Appeals, Civil Rights, Criminal

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