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4th Amendment Violation – Unlawful-stop Claim

By: Derek Hawkins//May 13, 2020//

4th Amendment Violation – Unlawful-stop Claim

By: Derek Hawkins//May 13, 2020//

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United States Supreme Court

Case Name: Kansas v. Charles Glover

Case No.: 18-556

Focus: 4th Amendment Violation – Unlawful-stop Claim

This case presents the question whether a police officer violates the Fourth Amendment by initiating an investigative traffic stop after running a vehicle’s license plate and learning that the registered owner has a revoked driver’s license. We hold that when the officer lacks information negating an inference that the owner is the driver of the vehicle, the stop is reasonable.

Reversed and remanded

Dissenting: SOTOMAYOR, J., filed a dissenting opinion.

Concurring: KAGAN, J., filed a concurring opinion, in which GINSBURG, J., joined.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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