Page 26 - May June 2020 TPA Journal

AFFIRMED. driver’s license in the State of Kansas.
U.S. v. Smith, 5th Cir., No. 19-60340, Mar. 12,
2020. Deputy Mehrer assumed the registered owner of
the truck was also the driver, Charles Glover Jr.
Deputy Mehrer did not observe any traffic infrac -
REASONABLE SUSPICION – TRAFFIC tions, and did not attempt to identify the driver
STOP [of] the truck. Based solely on the information
that the regis tered owner of the truck was
This case presents the question whether a police revoked, Deputy Mehrer initiated a traffic stop.
officer violates the Fourth Amendment by The driver of the truck was identified as the
initiating an investiga tive traffic stop after running defend ant, Charles Glover Jr.”
a vehicle’s license plate and learning that the
registered owner has a revoked driver’s license. The District Court granted Glover’s motion to
We hold that when the officer lacks information suppress. The Court of Appeals reversed, holding
negating an inference that the owner is the driver that “it was reason able for [Deputy] Mehrer to
of the vehicle, the stop is reasonable. infer that the driver was the owner of the vehicle”
because “there were specific and artic ulable facts
Kansas charged respondent Charles Glover, Jr., from which the officer’s common-sense infer ence
withdriving as a habitual violator after a traffic gave rise to a reasonable suspicion.”
stop revealed that he was driving with a revoked
license. Glover filed a motion to suppress all The Kansas Supreme Court reversed. According
evidence seized during the stop, claiming that the to the court, Deputy Mehrer did not have
officer lacked reasonable suspicion. Neither reasonable suspicion be cause his inference that
Glover nor the police officer testified at the Glover was behind the wheel amounted to “only a
suppression hearing. Instead, the parties stipulated hunch” that Glover was engaging in criminal
to the following facts: activity. The court further explained that Deputy
Mehrer’s “hunch” involved “applying and
“1. Deputy Mark Mehrer is a certified law stacking unstated assump tions that are
enforcement officer employed by the Douglas unreasonable without further factual basis,”
County Kansas Sher iff ’s Office. namely, that “the registered owner was likely the
primary driver of the vehicle” and that “the owner
2. On April 28, 2016, Deputy Mehrer was on will likely disre gard the suspension or revocation
routine patrol in Douglas County when he order and continue to drive.” We granted Kansas’
observed a 1995 Chevrolet 1500 pickup truck with petition for a writ of certiorari, and now reverse.
Kansas plate 295ATJ. Under this Court’s precedents, the Fourth
Amendment permits an officer to initiate a brief
Deputy Mehrer ran Kansas plate 295ATJ through investigative traffic stop when he has “a
the Kansas Department of Revenue’s file service. particularized and objective basis for sus pecting
The registration came back to a 1995 Chevrolet the particular person stopped of criminal activity.”
1500 pickuptruck. “Although a mere ‘hunch’ does not create
reasonable suspicion, the level of suspicion the
Kansas Department of Revenue files indicated the standard requires is considerably less than proof
truck was registered to Charles Glover Jr. The files of wrongdoing by a preponderance of the
also indicated that Mr. Glover had a revoked evidence, and obviously less than is necessary for

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