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IA: Fact registered owner of vehicle is known to have a suspended DL is RS for stop, unless officer knows registered owner not driving

By John Wesley Hall, Jr.

“[A]n officer has reasonable suspicion to initiate an investigatory stop of a vehicle to investigate whether the driver has a valid driver’s license when the officer knows the registered owner of the vehicle has a suspended license, and the officer is unaware of any evidence or circumstances indicating the registered owner is not the driver of the vehicle.” State v. Vance, 2010 Iowa Sup. LEXIS 116 (November 19, 2010).* The exclusionary rule does not apply to evidence obtained by police who acted in objectively reasonable reliance upon K.S.A. 22-2501(c) prior to the United States Supreme Court’s decision in Arizona v. Gant under Illinois v. Krull. The statute had been previously been held to violate Gant. State v. Daniel, 2010 Kan...continue to full post

Full post as published by Fourth Amendment on November 22, 2010 (boomark / email).