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Kansas v. Charles Glover

Paid petition · Supreme Court of Kansas, No. 116,446 · judgment July 27, 2018

Decided · April 6, 2020
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

A Kansas officer ran a registration check on a pickup truck and learned that the registered owner's license had been revoked. Suspecting that the owner was unlawfully driving, the officer stopped the truck, confirmed that the owner was driving, and issued the owner a citation for being a habitual violator of Kansas traffic laws. The Kansas Supreme Court, breaking with 12 state supreme courts and 4 federal circuits, held the stop violated the Fourth Amendment. The question presented is whether, for purposes of an investigative stop under the Fourth Amendment, it is reasonable for an officer to suspect that the registered owner of a vehicle is the one driving the vehicle absent any information to the contrary.

Counsel of record

For petitioner
Toby Crouse
Office of Attorney General Derek Schmidt

For respondent
Sarah Elaine Harrington
Covington & Burling LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage · 9 merits
(4 supporting pet./neither, 5 respondent)

Argument & decision

Argued November 4, 2019 — Toby Crouse · Sarah E. Harrington. Audio and transcript

Decided April 6, 2020.

Proceedings

  1. May 08 2020
    MANDATE ISSUED.
  2. May 08 2020
    JUDGMENT ISSUED.
  3. Apr 06 2020
    Judgment REVERSED and case REMANDED. Thomas, J, delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Kagan, J., filed a concurring opinion, in which Ginsburg J., joined. Sotomayor, J., filed a dissenting opinion.
  4. Nov 04 2019
    Argued. For petitioner: Toby Crouse, Solicitor General, Topeka, Kan.; and Michael R. Huston, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Sarah E. Harrington, Bethesda, Md.
  5. Oct 07 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  6. Sep 30 2019
    Reply of petitioner Kansas filed. (Distributed)
  7. Sep 27 2019
    Record received from the Appellate Courts of Kansas. (1 Envelope).
  8. Sep 16 2019
    Record requested from the Supreme Court of Kansas.
  9. Sep 06 2019
    Brief amicus curiae of The Rutherford Institute filed. (Distributed)
  10. Sep 06 2019
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
  11. Sep 06 2019
    Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)
  12. Sep 06 2019
    Brief amicus curiae of Professor Andrew Manuel Crespo filed. (Distributed)
  13. Sep 06 2019
    Brief amici curiae of Fines and Fees Justice Center, et al. filed. (Distributed)
  14. Sep 03 2019
    CIRCULATED
  15. Aug 30 2019
    Brief of respondent Charles Glover filed.
  16. Jul 19 2019
    Motion of United States for leave to participate in oral argument as amicus curiae and for divided argument filed.
  17. Jul 12 2019
    Motion for an extension of time filed.
  18. Jul 12 2019
    Motion for a further extension of time to file respondent's brief on the merits granted and the time is extended to and including August 30, 2019.
  19. Jul 08 2019
    SET FOR ARGUMENT on Monday, November 4, 2019.
  20. Jun 24 2019
    Brief amicus curiae of United States filed.
  21. Jun 24 2019
    Brief amici curiae of States of Oklahoma, et al. filed.
  22. Jun 24 2019
    Brief amicus curiae of National Fraternal Order of Police filed.
  23. Jun 24 2019
    Affidavit of Service filed with respect to brief of amicus curiae of The National Fraternal Order of Police.
  24. Jun 24 2019
    Certificate of Compliance filed with respect to brief of amicus curiae of The National Fraternal Order of Police.
  25. Jun 21 2019
    Brief amicus curiae of National District Attorneys Association filed.
  26. Jun 17 2019
    Brief of petitioner Kansas filed.
  27. May 28 2019
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  28. Apr 16 2019
    Blanket Consent filed by Petitioner, Kansas
  29. Apr 15 2019
    Joint motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 17, 2019. The time to file respondent's brief on the merits is extended to and including August 16, 2019.
  30. Apr 09 2019
    Motion to dispense with printing the joint appendix filed by petitioner Kansas.
  31. Apr 04 2019
    Joint motion for an extension of time to file the briefs on the merits filed.
  32. Apr 01 2019
    Petition GRANTED.
  33. Mar 25 2019
    DISTRIBUTED for Conference of 3/29/2019.
  34. Mar 06 2019
    DISTRIBUTED for Conference of 3/22/2019.
  35. Mar 05 2019
    Reply of petitioner Kansas filed. (Distributed)
  36. Feb 19 2019
    Brief of respondent Charles Glover in opposition filed.
  37. Jan 09 2019
    Motion to extend the time to file a response is granted and the time is extended to and including February 19, 2019.
  38. Jan 07 2019
    Motion to extend the time to file a response from January 18, 2019 to February 19, 2019, submitted to The Clerk.
  39. Dec 19 2018
    Response Requested. (Due January 18, 2019)
  40. Dec 12 2018
    DISTRIBUTED for Conference of 1/4/2019.
  41. Nov 28 2018
    Brief amici curiae of States of Oklahoma, et al. filed.
  42. Nov 26 2018
    Waiver of right of respondent Charles Glover to respond filed.
  43. Oct 25 2018
    Petition for a writ of certiorari filed. (Response due November 28, 2018)