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Old July 31st, 2018
flylow7f39 flylow7f39 is offline
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Default Kansas Supreme Court Rejects Owner Is Driver Presumption

Full article at http://www.thenewspaper.com/news/65/6515.asp

A unanimous Kansas Supreme Court found it unreasonable to presume the owner of an automobile is the person behind the wheel.

"Red light camera and speed camera programs around the country rely upon the legal presumption that the registered owner of the vehicle is also the one behind the wheel. In the Fourth Amendment context, the Kansas Supreme Court on Friday declared that this notion is so flimsy it does not rise to the level of reasonable suspicion.

The unanimous court reversed a Court of Appeals decision finding no problem with Douglas County Sheriff's Deputy Mark Mehrer's decision to pull over a 1995 Chevrolet 1500 pickup truck on April 28, 2016. The deputy did not observe any traffic violations, but he discovered that the license plate was registered to Charles Glover Jr whose license was revoked. He simply assumed Glover would be behind the wheel. He did not attempt any visual confirmation before ordering the car to pull over.

The high court explained that a police officer must point to specific facts and have an objective basis for pulling someone over -- something more than a hunch. In the 1979 case Delaware v. Prouse, the US Supreme Court held that pulling over a motorist just to check his driver's license is unconstitutional. The Kansas court pointed out the case at hand was slightly different."
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Old July 31st, 2018
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bossdad71 bossdad71 is offline
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good information. nice to see kansas doing something right for once
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