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Traffic Stops and Temporary Operating Permits

By Jeremy Price

A police officer initiated a traffic stop because the vehicle he observed had expired registration tags on its license plates. The officer subsequently discovered drugs in the vehicle and arrested the driver. The driver then brought a Fourth Amendment suppression motion. At the ensuing suppression hearing, the officer testified that he would have stopped the vehicle regardless of whether he saw a temporary operating permit displayed on the vehicle. The defense offered testimonial and documentary evidence that a temporary operating permit was in fact displayed. The trial court denied the suppression motion, noting that it did not find the defendant's testimony regarding the temporary operating permit credible. Division Two of the First District Court of Appeal reversed the denial of the defendant's suppression motion...continue to full post

Full post as published by Criminal Appeal on January 09, 2008 (boomark / email).