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  • sibpd893tf
    replied
    Case law dictates you cannot arrest a driver for violating 320.261 "attaching tag not assigned" unless you physically observe that person attaching the tag to the vehicle. Misdemeanor must occur in the presence of the officer! The other suggestions of charging for unregistered vehicle would be the way to go. For those that issue criminal citations for 320.261, just look them up at the clerk's office and you will see that each one gets amended to 316.605 "improper display of tag". Anyone with questions on this matter should contact Miami-Dade Police Legal Bureau for further clarification. Also, legal has provided municipal police departments with a legal bulletin on this matter (more than once).
    FSS 901.15 clarifies when an arrest made without a warrant is lawful.
    Last edited by sibpd893tf; 07-26-2007, 06:22 PM. Reason: additional information

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  • pvttjc
    replied
    Originally posted by DS5529 View Post
    Misdemeanor Exceptions should be in your LG (legal guide) in the front part of your FSS book. As for the attatched tag not assigned I agree with reading miranda and then give them a criminal citation with the next misdemeanor traffic court date for them to appear if they admit to it, otherwise just write the non-moving violation for registration
    Lg-2 in the book, I know. I was looking for more of an articulation of 'em. I don't know, maybe it doesn't exist and I should just use the jury instructions. I'm trying to put together a "cheat sheet" quick reference guide.

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  • scannerson
    replied
    Per my ASA Miranda and subject admits, good to go for NTA or Arrest. Doesn't admit your SOL.

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  • DS5529
    replied
    Misdemeanor Exceptions should be in your LG (legal guide) in the front part of your FSS book. As for the attatched tag not assigned I agree with reading miranda and then give them a criminal citation with the next misdemeanor traffic court date for them to appear if they admit to it, otherwise just write the non-moving violation for registration

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  • pvttjc
    replied
    I can't find a listing or articulation of the misdemeanor exceptions online - anybody know where to find them?

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  • twoseventysix
    replied
    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.

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  • LeanG
    replied
    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).

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  • USMC8531
    replied
    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.

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  • scannerson
    replied
    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.

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  • FullGrownBear
    replied
    Originally posted by APDSgt View Post
    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?

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  • APDSgt
    replied
    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.

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  • PD602
    replied
    Originally posted by kyle bermingham View Post
    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%

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  • kyle bermingham
    replied
    In this case it would be prudent to arrest if the vehicle wasn't registered, which would be an ongoing (i.e., witnessed) crime.
    Last edited by kyle bermingham; 06-12-2007, 09:47 PM.

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  • kyle bermingham
    replied
    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.

    Leave a comment:


  • agcop
    replied
    Originally posted by scannerson View Post
    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??

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