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probable cause.”
Glover’s revoked license does not render Deputy
Because it is a “less demanding” standard, Mehrer’s inference unreasonable either. Empirical
“reasonable suspicion can be established with studies demon strate what common experience
information that is differ ent in quantity or content readily reveals: Drivers with revoked licenses
than that required to establish probable cause.” frequently continue to drive and therefore to pose
The standard “depends on the factual and practical safety risks to other motorists and pedes trians.
considerations of everyday life on which
reasonable and prudent men, not legal See, e.g., 2 T. Neuman et al., National Coop. Hwy.
technicians, act.” Courts “cannot reasonably Research Program Report 500: A Guide for
demand scientific cer tainty . . . where none Addressing Col lisions Involving Unlicensed
exists.” Rather, they must permit officers to make Drivers and Drivers With Sus pended or Revoked
“common sense judgments and inferences about Licenses, p. III–1 (2003) (noting that 75% of
human be havior.” drivers with suspended or revoked licenses
continue to drive); National Hwy. and Traffic
We have previously recognized that States have a Safety Admin., Re search Note: Driver License
“vital interest in ensuring that only those qualified Compliance Status in Fatal Crashes 2 (Oct. 2014)
to do so are permitted to operate motor vehicles (noting that approximately 19% of motor vehicle
[and] that licensing, registration, and vehicle fatalities from 2008–2012 “involved drivers with
inspection requirements are being observed.” invalid licenses”).
With this in mind, we turn to whether the facts
known to Deputy Mehrer at the time of the stop Although common sense suffices to justify this
gave rise to reason- able suspicion. We conclude inference, Kansas law reinforces that it is
that they did. reasonable to infer that an individual with a
revoked license may continue driving. The State’s
Before initiating the stop, Deputy Mehrer license-revocation scheme covers drivers who
observed an in dividual operating a 1995 Chevrolet have already demonstrated a disregard for the law
1500 pickup truck with Kansas plate 295ATJ. He or are categorically unfit to drive. The Division of
also knew that the registered owner of the truck Vehicles of the Kansas Department of Revenue
had a revoked license and that the model of the (Division) “shall” revoke a driver’s license upon
truck matched the observed vehicle. From these certain convictions for involuntary manslaughter,
three facts, Deputy Mehrer drew the vehicular homicide, battery, reckless driv ing,
commonsense infer ence that Glover was likely the fleeing or attempting to elude a police officer, or
driver of the vehicle, which provided more than convic tion of a felony in which a motor vehicle is
reasonable suspicion to initiate the stop. used. Reckless driving is defined as “driv[ing] any
vehicle in willful or wanton disregard for the
The fact that the registered owner of a vehicle is safety of persons or property.” The Division also
not al ways the driver of the vehicle does not has discretion to revoke a license if a driver “[h]as
negate the reason ableness of Deputy Mehrer’s been convicted with such frequency of serious
inference. Such is the case with all reasonable offenses against traffic regulations governing the
inferences. The reasonable suspicion inquiry “falls movement of vehicles as to indicate a disrespect
considerably short” of 51% accuracy for, as we for traffic laws and a disregard for the safety of
have ex plained, “[t]o be reasonable is not to be other persons on the highways,” “has been con -
perfect,” victed of three or more moving traffic violations
May/June 2020 www.texaspoliceassociation.com • (512) 458-3140 23
