No. 18-556
Tags: 4th-amendment fourth-amendment habitual-violator investigative-stop law-enforcement reasonable-suspicion registered-owner traffic-law traffic-laws vehicle-registration vehicle-stop
Key Terms:
ERISA FourthAmendment CriminalProcedure JusticiabilityDoctri
ERISA FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference:
2019-03-29
(distributed 3 times)
Question Presented (AI Summary)
Whether an officer may reasonably suspect the registered owner of a vehicle is driving the vehicle absent information to the contrary
Question Presented (OCR Extract)
QUESTION PRESENTED A Kansas officer ran a registration check on a pickup truck and learned that the registered owner’s license had been revoked.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 trafficlaws. 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.
Docket Entries
2020-05-08
JUDGMENT ISSUED.
2020-05-08
MANDATE ISSUED.
2020-04-06
Judgment REVERSED and case REMANDED. Thomas, J, delivered the <a href = 'https://www.supremecourt.gov/opinions/19pdf/18-556_e1pf.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Kagan, J., filed a concurring opinion, in which Ginsburg J., joined. Sotomayor, J., filed a dissenting opinion.
2019-11-04
Argued. For petitioner: Toby Crouse, Solicitor General, Topeka, Kan.; and Michael R. Huston, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Sarah E. Harrington, Bethesda, Md.
2019-10-07
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2019-09-30
Reply of petitioner Kansas filed. (Distributed)
2019-09-27
Record received from the Appellate Courts of Kansas. (1 Envelope).
2019-09-16
Record requested from the Supreme Court of Kansas.
2019-09-06
Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)
2019-09-06
Brief amicus curiae of The Rutherford Institute filed. (Distributed)
2019-09-06
Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
2019-09-06
Brief amicus curiae of Professor Andrew Manuel Crespo filed. (Distributed)
2019-09-06
Brief amici curiae of Fines and Fees Justice Center, et al. filed. (Distributed)
2019-09-03
CIRCULATED
2019-08-30
Brief of respondent Charles Glover filed.
2019-07-19
Motion of United States for leave to participate in oral argument as amicus curiae and for divided argument filed.
2019-07-12
Motion for a further extension of time to file respondent's brief on the merits granted and the time is extended to and including August 30, 2019.
2019-07-12
Motion for an extension of time filed.
2019-07-08
SET FOR ARGUMENT on Monday, November 4, 2019.
2019-06-24
Brief amicus curiae of National Fraternal Order of Police filed.
2019-06-24
Certificate of Compliance filed with respect to brief of amicus curiae of The National Fraternal Order of Police.
2019-06-24
Affidavit of Service filed with respect to brief of amicus curiae of The National Fraternal Order of Police.
2019-06-24
Brief amici curiae of States of Oklahoma, et al. filed.
2019-06-24
Brief amicus curiae of United States filed.
2019-06-21
Brief amicus curiae of National District Attorneys Association filed.
2019-06-17
Brief of petitioner Kansas filed.
2019-05-28
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2019-04-16
Blanket Consent filed by Petitioner, Kansas
2019-04-15
Joint motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 17, 2019. The time to file respondent's brief on the merits is extended to and including August 16, 2019.
2019-04-09
Motion to dispense with printing the joint appendix filed by petitioner Kansas.
2019-04-04
Joint motion for an extension of time to file the briefs on the merits filed.
2019-04-01
Petition GRANTED.
2019-03-25
DISTRIBUTED for Conference of 3/29/2019.
2019-03-06
DISTRIBUTED for Conference of 3/22/2019.
2019-03-05
Reply of petitioner Kansas filed. (Distributed)
2019-02-19
Brief of respondent Charles Glover in opposition filed.
2019-01-09
Motion to extend the time to file a response is granted and the time is extended to and including February 19, 2019.
2019-01-07
Motion to extend the time to file a response from January 18, 2019 to February 19, 2019, submitted to The Clerk.
2018-12-19
Response Requested. (Due January 18, 2019)
2018-12-12
DISTRIBUTED for Conference of 1/4/2019.
2018-11-28
Brief amici curiae of States of Oklahoma, et al. filed.
2018-11-26
Waiver of right of respondent Charles Glover to respond filed.
2018-10-25
Petition for a writ of certiorari filed. (Response due November 28, 2018)
Attorneys
Charles Glover
Sarah Elaine Harrington — Goldstein & Russell, P.C., Respondent
Electronic Privacy Information Center
Fines and Fees Justice Center, et al.
Seanna Rose Brown — Baker Hostetler LLP, Amicus
Kansas
Toby Crouse — Office of Attorney General Derek Schmidt, Petitioner
National Association of Criminal Defense Lawyers
David John Debold — Gibson Dunn & Crutcher LLP, Amicus
National District Attorneys Association
Scott A. Keller — Baker Botts LLP, Amicus
National Fraternal Order of Police
Larry H. James — Crabbe Brown & James, LLP, Amicus
Professor Andrew Manuel Crespo
Andrew Manuel Crespo — Harvard Law School, Amicus
States of Oklahoma, et al.
Mithun Mansinghani — Solicitor General, Amicus
The Rutherford Institute
United States
Noel J. Francisco — Solicitor General, Amicus