Stopping a vehicle when there are two registered owners — and one of them is revoked.

A couple of cases (Barnes and Lloyd) appear to stand for the proposition that the person driving is the registered owner. Therefore normally an an officer can stop the vehilce without checking to see who is driving. (Although it would always be best to “check” where possible.)
But what if there are two registered owners?
In Galvez the officer noticed that there were two registered owners. The officer stopped the car. The registered owner who was revoked was driving.
The Illinois Court of Appeals ruled that an officer must check first before stopping a car with two registered owners, only one of whom is revoked. Therefore the stop was held to be unconstitutional.
Note: If the registered owners are both male, about the same age, etc., I think you should find a traffic code rationale for the stop.
Best -
DA

Do you have something to say?

Your email is never published nor shared.
Required fields are marked *