Kansas v. Glover

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Respondent.

Brief filed: 09/06/2019


Kansas v. Glover

United States Supreme Court; Case No. 18-556

Prior Decision

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.

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