Attaching Tag Not Assinged

[scannerson]

My question is how do you handle a vehicle you discover has a tag not assigned on it? And you subsequently have an occupant of the vehicle admit to placing the tag on the vehicle.

Had a debate last night on it and looking for other's opinions.



"320.261 Attaching registration license plate not assigned unlawful; penalty.--Any person who knowingly attaches to any motor vehicle or mobile home any registration license plate, or who knowingly attaches any validation sticker or mobile home sticker to a registration license plate, which plate or sticker was not issued and assigned or lawfully transferred to such vehicle, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083."

[SJR1709]

Stroke him the ticket for tag not assigned, then take the tag. I just had that about 2 or 3 weeks ago. Except the vehicle also wasn't registered, so I towed the vehicle too, and ticketed him for that as well. Always nice when you can write criminal citations.

[deputyryan]

attached tag not assigned.

If he admits to it that'll clear up the "Knowingly" part of the statute. I say lock em up.

[J-ville 5-0]

Stroke him the ticket for tag not assigned, then take the tag. I just had that about 2 or 3 weeks ago. Except the vehicle also wasn't registered, so I towed the vehicle too, and ticketed him for that as well. Always nice when you can write criminal citations.

DITTO

[scannerson]

I agree with all of those who have posted thus far. The question raised was it is not a misd. exception and I was not present when the plate was attached, I viewed it attached. The statue could be a little better written.

[agcop]

I agree with all of those who have posted thus far. The question raised was it is not a misd. exception and I was not present when the plate was attached, I viewed it attached. The statue could be a little better written.

The key word in this case is "KNOWINGLY" or in your case "ADMITTED". If you didn't know who did it, that is where your interviewing techniques come into play and if your good, you will almost always find the answer. You know who is honest and who is not. What was the outcome?? Hook-A-Crook or NTA??

[kyle bermingham]

The crime is the attaching the tag; this is a singular act, not something that is ongoing. Ergo, in Florida, a LEO can only arrest if they witness the crime (the attaching). In other words- it isn't a misdemeanor exception.

I know many LEOs have been arresting for this; however, if a fruitfull Belton search was the result, court proceddings may follow, and a knowledgable defense attorney would be able to get the arrest thrown out.

[kyle bermingham]

In this case it would be prudent to arrest if the vehicle wasn't registered, which would be an ongoing (i.e., witnessed) crime.

[PD602]

The crime is the attaching the tag; this is a singular act, not something that is ongoing. Ergo, in Florida, a LEO can only arrest if they witness the crime (the attaching). In other words- it isn't a misdemeanor exception.

I know many LEOs have been arresting for this; however, if a fruitfull Belton search was the result, court proceddings may follow, and a knowledgable defense attorney would be able to get the arrest thrown out.

Agree 100%

[APDSgt]

They don't get prosecuted down here (Miami-Dade). The clerks office ammends the citations to No registration or No license plate (non-moving violations).

There is apparently case law somewhere down here, that some defense attorney made an arguement that the "Attaching" part means the officer has to literally see the person placing the tag on the vehicle.

[FullGrownBear]

They don't get prosecuted down here (Miami-Dade). The clerks office ammends the citations to No registration or No license plate (non-moving violations).

There is apparently case law somewhere down here, that some defense attorney made an arguement that the "Attaching" part means the officer has to literally see the person placing the tag on the vehicle.

I always read the violator "Miranda". It has stuck each time. Do they also throw it out even after Miranda Warning?

[scannerson]

Reviewing a few of my cases it appearers the SAO is filling on them. I am going to go talk with her tomorrow about it.

[USMC8531]

I would say either arrest or write a criminal citation for no motor vehicle registration. I agree that the actual crime is the "attaching" and if you dont witness then you cannot arrest. I agree with that due to it not being a misdemeanor exception.

[LeanG]

Criminal citation and (sometimes) tow. I don't arrest for this single criminal violation unless other criminal actions are present. Normally they're poor and cannot afford the funds to have their vehicle properly registered. I usually tell them that if they can have the vehicle registered prior to their court date, then I'll request the S.A.O. to show leniency (drop the charges).

[twoseventysix]

If you read Miranda, and they admit that they put the tag on the vehicle, it will stick. If you stop a vehicle with an unassigned tag, and they claim ignorance, give them a "No Registration" citation and send them on their way. I will only charge someone with that when there are other charges and I have a confession under Miranda.