Brief filed: 09/06/2019
Kansas v. Glover
United States Supreme Court; Case No. 18-556
422 P.3d 64 (Kan. Jul. 27, 2018)
Kansas's bright-line rule is incompatible with the flexible reasonable-suspicion standard. Automated license-plate reader technology highlights the constitutional problems with Kansas's rule. Kansas's rule lets computers, not case-by-case judgments, control the constitutional analysis. The proposed cure for "mistaken stops"--that they will be brief--is no substitute for the Fourth Amendment's protections against unreasonable seizures. Adopting Kansas's rule would create an incentive against investigation. The erosion of privacy would disproportionately affect the poor. A suspended or revoked license indicates economic status, not unsafe driving. ALPR technology unduly affects the poor.
David Debold, Brandon L. Boxler, Travis S. Andrew, and Raymond D. Moss Jr., Gibson Dunn & Crutcher LLP, Washington, DC; Barbara E. Bergman, NACDL, Tucson, AZ.