Kansas v. Glover

140 S.Ct. 1183 (2020)

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Nature of the Case

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Facts

Deputy Mehrer was on routine patrol when he observed a 1995 Chevrolet 1500 pickup truck with Kansas plate 295ATJ. Deputy Mehrer ran the plate and the Department of Revenue files indicated the truck was registered to P. The files also indicated that P had a revoked driver’s license in the State of Kansas. Deputy Mehrer assumed the registered owner of the truck was also the driver, P. Deputy Mehrer did not observe any traffic infractions and did not attempt to identify the driver of the truck. Based solely on the information that the registered owner of the truck was revoked, Deputy Mehrer initiated a traffic stop. The driver was P. P was charged and moved to suppress as a violation of the Fourth Amendment. The court granted P’s motion. The appeals court reversed. The Kansas Supreme Court reversed again holding that Deputy Mehrer did not have reasonable suspicion because his inference that P was behind the wheel amounted to “only a hunch” that P was engaging in criminal activity. It held that Deputy Mehrer’s “hunch” involved “applying and stacking unstated assumptions that are unreasonable without further factual basis,” namely, that “the registered owner was likely the primary driver of the vehicle” and that “the owner will likely disregard the suspension or revocation order and continue to drive.” The Supreme Court granted certiorari.