Situation and Related Statute Questions

[Department 30]

Hey guys,

I have a couple statute/situation questions. Sadly I don't have Lexus Nexus were you can search the statute book by keyword.

1. I understand that it is illegal to record an officer's "voice" and that it is arrestable. Anybody know the statute and care to elaborate? Our instructor said there was Florida case law on this when he explained it.


2. Obscure tag. I suppose this is in 316 somewhere. We were told that this could include license plate frames i.e those frames that dealers put around the license plate with the name of the dealership, phone number, etc. Is this accurate?

3. What specific citations/charges can one issue to a driver refusing to terminate a phone conversation while engaged on a traffic stop and you choosing to end their conversation for them for safety reasons. Can this constitute obstruction of your investigation? What type of verbiage do you use in your report? How about people that leave the phone on but in their lap so the other party can hear what's going on?

Thanks in advance guys. I'm starting to compile information on these type of "weird" (there must be a better word) arrestable offenses and un-common PC for vehicle stops that might come in handy to know about once I hit the streets. Feel free to share other situations and related statutes that might be helpful.

D30

[joeschmoe]

The tag frame may be shaky to initiate a stop. It appears that case law has struck it down a few times, not sure if it went to an appellate and became statewide.

http://articles.orlandosentinel.com/...ampbell-failed

[Unit453]

I don't think it's shaky at all. If the tag is obstructed, it's obstructed. The plate frames sometimes cover up the stickers which is obstructing it. That's a solid stop around here.

[Department 30]

That's how we were approaching the tag issue. The frame does "obscure" the edge of the plate, and there the plate is technically obscured. On some plates more than others the sticker will be partially obscured, or a part of a letter or number of the tag will be obscured due the frame design. A good example of this over here is the frames with the big chrome palm trees on either side of the frame.

Thanks for the replies so far.

[ArmyDiver]

It makes for a legit pretext stop but can't you also check the registration with the computer?

As for the person on the telephone... they don't have to be paying attention as long as they produce the required documentation and sign for the ticket. It's rude, but hey... f'm.

As for them recording you, Florida is a two party consent state. If they don't tell you they're recording, and you don't give them permission, it's illegal. At the very least, it shouldn't be admissible in court. FL v Sells is the case law that allows LE to record traffic stops and interaction with individuals while in the scope of their duty. It doesn't stop them from taking the recording to the local news station though. Just be professional and act as such and it won't matter if they're recording you... your in-car camera is doing the same thing anyhow. So it shouldn't matter.

[sibpd893tf]

As for recording a conversation, this is governed by FSS 934.03, intercepting oral conversation. The 11th Circuit Court of Appeals recently held that to arrest someone for recording their conversation with a police officer, there has to have been an "expectation of privacy" on the officers part. In public or out-in-the-open, like on a traffic stop, does not constitute an expectation of privacy. However, the court ruled just because you are in public, it doesn't always mean there's no expectation of privacy. Each situation would need to be evaluated to determine if a violation has occurred. There's that good old Gray area!

As for license plates, the display of a license plate is governed by FSS 316.605 and reads:

(1) Every vehicle, at all times while driven, stopped, or parked upon any highways, roads, or streets of this state, shall be licensed in the name of the owner thereof in accordance with the laws of this state unless such vehicle is not required by the laws of this state to be licensed in this state and shall, except as otherwise provided in s. 320.0706 for front-end registration license plates on truck tractors and s. 320.086(5) which exempts display of license plates on described former military vehicles, display the license plate or both of the license plates assigned to it by the state, one on the rear and, if two, the other on the front of the vehicle, each to be securely fastened to the vehicle outside the main body of the vehicle not higher than 60 inches and not lower than 12 inches from the ground and no more than 24 inches to the left or right of the centerline of the vehicle, and in such manner as to prevent the plates from swinging, and all letters, numerals, printing, writing, and other identification marks upon the plates regarding the word “Florida,” the registration decal, and the alphanumeric designation shall be clear and distinct and free from defacement, mutilation, grease, and other obscuring matter, so that they will be plainly visible and legible at all times 100 feet from the rear or front. Except as provided in s. 316.2085(3), vehicle license plates shall be affixed and displayed in such a manner that the letters and numerals shall be read from left to right parallel to the ground. No vehicle license plate may be displayed in an inverted or reversed position or in such a manner that the letters and numbers and their proper sequence are not readily identifiable. Nothing shall be placed upon the face of a Florida plate except as permitted by law or by rule or regulation of a governmental agency. No license plates other than those furnished by the state shall be used. However, if the vehicle is not required to be licensed in this state, the license plates on such vehicle issued by another state, by a territory, possession, or district of the United States, or by a foreign country, substantially complying with the provisions hereof, shall be considered as complying with this chapter. A violation of this subsection is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

[Pete12]

As for the cell phone issue, you can force anyone to put down or away a phone. Your justification for the order would be the training that you have recieved which showed firearms that looked like phones. You can also have someone terminate a call for officer safety concerns citing the possibility that they could be planning an attack against you. No cell phone usage is allowed on my traffic stops unless I instruct the person to do so.

843.02 Resisting officer without violence to his or her person.—Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

[Department 30]

Thanks for the clarification guys.

With the 316 statute, "..Nothing shall be placed upon the face of a Florida plate except as permitted by law or by rule or regulation of a governmental agency.." I believe that you would cover you right there. You would probably have some type of language in your report like .."I observed x vehicle traveling x direction on x road at x time with a frame, (or etc.) placed upon its face contrary to FSS x".

Thanks also Pete for the info regarding cell phone usage.

[eyildiz]

Cpl Goddard (I'm sure you know him) told me that you can't pull them over for the ones the dealers issue, because if you look, they actually don't cover any part of the sticker (they have a cut for that area) and they don't cover any letters.

now if the plate cover covers ANYTHING that makes it hard for you to read the plate, or the sticker, then it's fair game.

for the cellphone thing, I guess resist w/o will work... oppose any officer is part of the statute.

and the recording of voice has been covered already I think.

[eyildiz]

edited the pictures of tags out. even though they were publicly taken from google.

[Deputy1234]

This is one you can be justified. can't tell if it's a 07-09 or 01-09



Wouldn't get this one though I don't think



you can also get'em for improper placement of the sticker too. pull out the level if oyu want LOL

How would you feel if someone took pictures of your license plate and posted them online? I suggest you start learning to give people the same respect that you would want from others.

P.S. - Are you sure Cpl. Goddard wants you posting his name on a public forum?

You're about to take the state exam, and I congratulate you for making it through the academy. Now it's time, when feasible, to stand back and think about everything that you do and say before you do it.

[LawlSTi]

eyildiz,

Whether those 28's belong to you or someone else, please remove them and blur out the tag and re-post if you so desire.

[eyildiz]

Guys, those are pictures from the internet, I just googled fl license plate on google images and came up with those. so they're publicly available. but I'll remove them.

[Charlie Delta]

Guys, those are pictures from the internet, I just googled fl license plate on google images and came up with those. so they're publicly available. but I'll remove them.

That is kind of scary to know that random license plates are on Google. I hope mine is not one of them.

[eyildiz]

That is kind of scary to know that random license plates are on Google. I hope mine is not one of them.

It's mostly people putting their own plates up to show something (like their car, their new taillights, plate frame), and the tag comes with it when the picture is there