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Choice of law: TN law on visibility of license plate applied to OH car

By John Wesley Hall, Jr.

A license plate violation for how it is attached is governed by the law of where the vehicle is located and not where it is licensed. Here, the way the license was attached to this car from Ohio violated Tennessee law because it was not "clearly legible," [a universal requirement,] and that justified the stop. United States v. Simpson, 2008 U.S. App. LEXIS 7050, 2008 FED App. 0138P (6th Cir. April 3, 2008).* "Based on the totality of the circumstances, we conclude the police officer had reasonable suspicion to believe the appellant was presently armed and dangerous and the protective search of him was justified." United States v. Stachowiak, 2008 U.S. App. LEXIS 7048 (8th Cir. April 3, 2008).* Plaintiff's claim against the City of New Orleans that he was forcibly "evacuated" from his fire escape at gunpoint during the Hurricane Katrina flooding was dismissed because the officers who were involved were not parties to the case and the suit would thus otherwise be based on respondeat superior...continue to full post

Full post as published by Fourth Amendment on April 05, 2008 (boomark / email).