Traffic stops: Difference between revisions

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==No license plate or temporary registration==
==No license plate or temporary registration==
''In re Raymond C.'' (2008) 45 Cal.4th 303
''In re Raymond C.'' (2008) 45 Cal.4th 303
==Stop sign==
Veh. Code § 22450
Veh. Code § 377
Vehicle must stop before the front wheels cross the limit line. (''People v. Binkowski'' (2007) 157 Cal.App.4th Supp. 1.)

Revision as of 01:47, 3 September 2019

In the absence of other incriminating or ambiguous [***10] evidence, a vehicle displaying a valid temporary permit and no license plates may not be stopped for the purpose of investigating the permit's validity. (Hernandez, supra, 45 Cal.3d at pp. 299–300; People v. Nabong, supra, 115 Cal.App.4th at pp. Supp. 3–5.) If the officer does not see the temporary permit and the vehicle has no license plates, it is reasonable for the officer to make a traffic stop. (Dotson, supra, 179 Cal.App.4th at pp. 1051–1052.) A vehicle with expired license tabs, but displaying a temporary permit, may not be stopped if the officer has additional information that there is an ongoing process to cure the lapse in registration. (Brendlin, supra, 38 Cal.4th at p. 1114.) A vehicle displaying a valid temporary permit may be stopped where there is some objective indicia that something may be amiss with the registration or permit, such as a missing front license plate. (Saunders, supra, 38 Cal.4th at p. 1137.) [**65] Finally, a vehicle displaying no license plates and no temporary permit visible from the rear may be stopped for investigation. (In re Raymond C., supra, 45 Cal.4th at pp. 307–308.)

People v. Greenwood (2010) 189 Cal.App.4th 742

Temporary registration

  • People v. Hernandez (2008) 45 Cal.4th 295
  • People v. Saunders (2006) 38 Cal.4th 1129
  • People v. Nabong (2004) 115 Cal.App.4th Supp.1

Lack of front California license plate

  • People v. Saunders (2006) 38 Cal.4th 1129

No license plate or temporary registration

In re Raymond C. (2008) 45 Cal.4th 303

Stop sign

Veh. Code § 22450 Veh. Code § 377

Vehicle must stop before the front wheels cross the limit line. (People v. Binkowski (2007) 157 Cal.App.4th Supp. 1.)