Legal Update

Legal Update May/June 2020

Larry E. Holtz, Esq. TRAFFIC STOPS: THE “OWNER IS THE DRIVER” ASSUMPTION May a law enforcement officer, consistent with the Fourth Amendment, initiate an investigative traffic stop after running a vehicle’s license plate and learning that the registered owner has a revoked driver’s license? In Kansas v. Glover (U.S. 2020), the United States Supreme Court said, “Yes.” The facts in Glover unfolded in late April 2016, when Douglas County, Kansas, Sheriff’s Deputy Mark Mehrer, while on patrol, ran a registration…

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Legal Update

Larry E. Holtz, Esq. Discovery of Warrant Saves Evidence from Unlawful Police Stop Evidence discovered was admissible because the unlawful stop was sufficiently attenuated by the pre-existing arrest warrant. Does the Fourth Amendment’s “attenuation doctrine” apply when an officer makes an unconstitutional investigatory stop; learns during that stop that the suspect is subject to a valid arrest warrant; and proceeds to arrest the suspect and seize incriminating evidence during a search incident to that arrest? Recently, in Utah v. Strieff…