No. 20-5555

Franklin C. Edwards v. Illinois

Lower Court: Illinois
Docketed: 2020-09-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights criminal-procedure fourth-amendment investigatory-stop kansas-v-glover law-enforcement probable-cause reasonable-suspicion traffic-stop vehicle-search
Key Terms:
FourthAmendment
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Whether the traffic stop was lawful where the police had no idea who the driver was but knew the registered owner of the vehicle was neither involved in a crime nor driving the vehicle

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW During the early morning hours, a shooting took place in a parking lot of an apartment complex. The crime scene was large. There were a lot of shell casings scattered. There were multiple parking lots at the complex. Three vehicles were damaged during the shooting. Specifically, an individual armed with a firearm stood on top of a vehicle in one of the apartment complex’s parking lots and fired off shots. After determining that the car belonged to a woman who was seemingly not involved in the altercation, but rather a resident of the apartment building, police staked out the car and ordered an officer to follow it when a man drove the car away. The man committed no traffic violations, and there was no question that he was not the registered owner of the vehicle. Yet the police stopped him, and ultimately arrested him for having a suspended driver’s license and no proof of insurance. The question here is whether that traffic stop was lawful where the police had no idea who the driver was but knew the registered owner of the vehicle was neither involved in a crime nor driving the vehicle. This Court’s decision in Kansas v. Glover, 140 S. Ct. 1183 (2020), established a presumption that the registered owner of a vehicle is most likely the driver of the vehicle, but where police have no reasonable suspicion to pull over the registered owner and have no other information regarding who is actually driving, police should not be allowed to make an investigatory stop absent some other factor. i

Docket Entries

2020-10-13
Petition DENIED.
2020-09-17
DISTRIBUTED for Conference of 10/9/2020.
2020-09-11
Waiver of right of respondent Illinois to respond filed.
2020-08-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 1, 2020)

Attorneys

Franklin C. Edwards
Ellen Jenkins CurryOffice of the State Appellate Defender, Petitioner
Ellen Jenkins CurryOffice of the State Appellate Defender, Petitioner
Illinois
Michael Marc Glick — Respondent
Michael Marc Glick — Respondent