Tag Archives: Illegal Search

Average Joe SCOTUS: Kansas v. Glover

Fourth Amendment To The U.S. Constitution

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Charles Glover was motoring on his merry way when he got pulled over. Why did he get pulled over, you ask? Because police have some high tech shit, and while following, ran his plate, which then notified them that the owner of the car (Charles Glover), had his license revoked. So the cop assumed correctly, it was Glover driving the car, and pulled his dumb ass over.

Once pulled over, he confirmed it was Glover driving, and arrested this stupid motherfucker accordingly.

So Glover was like, “How the fuck you gonna pull me over, with no probable cause to pull me over? Fourth amendment, asshole!”

But the officer was like, “We made an assumption, and we were right, that the motherfucker who owns the car, is the motherfucker driving the car. And don’t act like you’re innocent here, asshole. You were driving without a fucking license.”

So Glover sued in state court to suppress the evidence based on an illegal search, and the state court agreed. Judgement for Glover. Then an appellate court was like, “Hold the fuck on, state court. This is probable cause in our opinion, judgement for Kansas.” But then the Kansas Supreme court was like, “Hold the fuck on, appellate court, the state court got it right. There’s a lot of assuming going on here, in order to do a search without a warrant, and we don’t fucking like it. Judgement for Glover.

So now Kansas is like, “Fuck all this noise. We’re going to SCOTUS, assholes. Because this guilty motherfucker is trying to get away with some bullshit.

Glover’s counsel’s argument was essentially that you have no way of knowing that the owner is driving, especially if the owner’s license is suspended, and assuming they’re not a ne’er-do-well, they probably had someone else drive it for them or whatever.

Whereas Kansas is like, “The phrase is ‘reasonable suspicion’ you assholes. It’s fucking reasonable the owner is driving, even if they’ve lost their license. So reasonable in fact, it was the fucking owner in this case who was driving. Now fuck off with this bullshit.”

In an 8-1 decision, SCOTUS ruled in favor of Kansas, and told Glover to suck balls. They argued it is reasonable to assume the driver of a car, is the owner of said car, baring any contrary information, and thus the cops had the right to pull him over based on what they knew.

Sotomayor, seemingly quite libertarian, was the lone dissenter, saying that such a ruling flips the burden of proof from the government, to the individual, and that’s some straight up bullshit. But apparently the other eight weren’t impressed.