US Supreme Court Takes Up the Owner Is The Driver Presumption

One of the central premises underlying photo enforcement was debated before the US Supreme Court on Monday. The high court justices held oral arguments in a case involving a pickup truck driver who was ordered to pull over to the side of the road for no reason other than that the vehicle was registered to someone with a revoked license. Last year, the Kansas Supreme Court unanimously ruled that it was not reasonable for the purposes of the Fourth Amendment to presume the owner of a car is necessarily the person behind the wheel. The case involved a 1995 Chevrolet 1500 pickup truck that was obeying all traffic rules when Douglas County Sheriff’s Deputy Mark Mehrer nonetheless conducted a traffic stop on April 28, 2016. The truck was registered to Charles Glover Jr, who was not supposed to be driving, but the deputy had no idea who was behind the wheel at the time. The officer just assumed it would be Glover.
“There was one judge below who said: In my experience, that presumption doesn’t make sense,” Justice Sonia Sotomayor observed…