Wednesday, October 28, 2015
Motion to Suppress - Temporary Registration Stickers & Permits
This is Part VII of the web series dedicated to Motions to Suppress in the State of California that was previously published only to my Google+ Following; which is now available through my blog on Google Blogger.
Part VII of this series focuses on Temporary Registration Stickers and Permits and which types of registration stickers and permits constitute a violation of law and which do not.
Where a temporary permit is affixed to the window of a vehicle and the police officer can see it, he may not stop the motorist simply because he believes that such permits are often forged or otherwise invalid. People v. Hernandez (2008) 45 Cal.4th 295, approving People v. Nabong (2004) 115 Cal.App.4th Supp. 1 (officer’s experience in discovering that most permits are invalid did not validate detention).
However, where an officer observes a vehicle being driven without license plates or a temporary operating permit in the rear window, he is not required to drive to the side or front of the vehicle to determine if a permit is affixed to the front windshield prior to detaining the motorist. In Re Raymond C. (2008) 45 Cal.4th 303; People v. Dotson (2009) 179 Cal.App.4th 1045 is in accord.