Leader

Collapse

Announcement

Collapse
No announcement yet.

2 license plate laws

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • 2 license plate laws

    Ok this is interesting...........similar discussions have occurred but the idea here is that you are in your jurisdiction stopping because your law states 2 plates are required, but the vehicle is registered in another state (not requiring two plates.)

    I'll set the stage:

    Your state laws require 2 license plates. You are driving in your jurisdiction and see a car pass by you in the opposing direction without a front plate. No other violations are present. You turn on the car light it up and stop the car for not having two plates. When you get closer you see that the car you are stopping is from out of state (let's say Kansas as they issue only 1 plate). You speak with the driver and he is on vacation traveling through your state. He asks why you stopped him.

    What is your reasonable suspicion for stopping this vehicle?
    Can you stop this vehicle legally?


    Can you ENFORCE (cite) the two plate law on this vehicle? Would you be able to cite the driver for not having two plates even though the state that he resides in issues only 1 plate and requires only 1.

    If you have case law, cites or other legal stuff please link to it or post.

  • #2
    Could you stop them? Yes. Would it be a legit stop, somewhat, depending on where you were at.

    Keep in mind:
    KS = 1 plate
    NE = 2 plates
    TX = 2 plates

    If you were in, let's say Beatrice, Nebraska, 10 miles north of the KS/NE state line, it wouldn't be reasonable, as you would have a great deal of KS plates in the area. If you were in Austin, TX though, 400 miles from the nearest state line, it would be reasonable.

    Now, the bigger question is, how come you didn't at least read the plate before you activated red/blues... I'm not going to be in that big of a hurry over one plate, to not at least run the 28 as I'm starting to stop them...

    Can you cite? NO. Article IV, Section 1 of the Constitution, the Full Faith & Credit clause. They have complied with their state's registration requirement.

    Of course, I'll throw some curve balls at you.

    If you're in Texas, and you're operating your Nebraska car with only one plate, you can receive a citation, since both states require both plates.

    If the vehicle is bearing Kansas personalized tag (especially noticeable because they do not include the State Capitol amidst a wheat field, but have a Buffalo on them instead), they are required (last I heard) to have two tags, as they are issued dual tags.
    sigpic
    Let your watchword be duty, and know no other talisman of success than labor. Let honor be your guiding star in your dealing with your superiors, with your fellows, with all. Be as true to a trust reposed as the needle to the pole. Stand by the right even to the sacrifice of life itself, and learn that death is preferable to dishonor. ~ Gov. Richard Coke, October 4, 1876

    Comment


    • #3
      As long as you reasonably believed they were in violation at the initiation of the stop your PC for the stop is solid. You may conduct a normal traffic stop, jowever you can not cite for something after you know they are not in violation. That is what the teach at both acadmies in the area I have attended for training, and it has held up in our circuit court (22nd) when people where believed not to have had any plates and it was found they had a temp tag, made not visable by rear window tint, after the initial contact and drug arrest was made. Not my case and it was relayed by another officer while at the academy so I do not have the case law, sorry.

      Comment


      • #4
        There are a couple of different things that come into play. If you KNOW a car has an out of state plate then YOU MUST KNOW that states requirements to make a stop. For example.... if you pull over an Arizona plate in California and you see the Arizona plate it is NOT a valid stop because you saw the Arizona plate and you are required to know Arizona does not need two plates. Everything found on the traffic stop will be lost. People V White 2003.


        Now there are some different scenarios where different law applies.... such as the example NORCO gave..... if there are no plates and you cant see the temp due to obstruction then they are not displaying valid reg ...good stop. If you stop a vehicle for no front plate....such as flagging them over without ever seeing the rear plate...then from what I can find it is a valid stop because the officer never saw the out of state plate where they should have known the out of state requirements. Another case of several different case laws being applied....... gotta love case law

        Comment


        • #5
          it would seem unreasonable to cite for that but...in /ga we can cite for an out of state driver's window tint being too dark for GA even if it's legal in their home state. maybe you could. kinda odd.
          Perseverate In Pugna

          Comment


          • #6
            Originally posted by TexasAggieOfc View Post
            If the vehicle is bearing Kansas personalized tag (especially noticeable because they do not include the State Capitol amidst a wheat field, but have a Buffalo on them instead), they are required (last I heard) to have two tags, as they are issued dual tags.
            Kansas personalized tags holders are issued two tags- but as of about 3 years ago are only required to display the rear one. They complained to the legislature that they were having problems finding front tag holders as Kansas does not have front tags- the legislature caved.

            I run into this all the time- Missouri puts "truck" tags on the front of the vehicle and nothing to the rear. So, you see a pickup truck go by with no registration on the back and stop it- just to find out it is a Missouri vehicle with the tag on the front. I simply explain the reason for the stop to the driver and tell them to expect to be stopped when they drive out of state as Missouri law is opposite of every other state we deal with.

            US 10th Circuit has dealt with the issue of stops for not displaying two tags and no tag visible (like Missouri). The court sided with the officers in all the cases as they could articulate the reason for the stop.
            ---Cut the red wire---

            Comment


            • #7
              ND requires 2 plates, one front and one rear, but it not enforced very well or fairly, just a good reason to pull over a suspicious car or whatever, lots don't have a plate in the front, some vehicles don't even come with plate holders in the front
              "What the problem is?"

              Comment


              • #8
                I dont see how any LEO can enforce another state's traffic laws. I havent ever done it, nor will I.

                Comment


                • #9
                  When you live close to a border, half of the scum is from the other state (east St. Louis for instance). I might no enforce the smaller more intricate things but no reason I can't stop someone for expired paltes or non illuminated and the like and issue if I need to. Half of the idiot from Missouri get a PO bax in Illinois and get their plates there because we have a huge personal/state tax and they can register in Illinios for dirt cheap. So why should I cut them a break for bypassing the laws here, where they really live for free. Although I don't do much but expired registration from other states...

                  Comment


                  • #10
                    Originally posted by KAA951 View Post
                    Kansas personalized tags holders are issued two tags- but as of about 3 years ago are only required to display the rear one. They complained to the legislature that they were having problems finding front tag holders as Kansas does not have front tags- the legislature caved.

                    I run into this all the time- Missouri puts "truck" tags on the front of the vehicle and nothing to the rear. So, you see a pickup truck go by with no registration on the back and stop it- just to find out it is a Missouri vehicle with the tag on the front. I simply explain the reason for the stop to the driver and tell them to expect to be stopped when they drive out of state as Missouri law is opposite of every other state we deal with.

                    US 10th Circuit has dealt with the issue of stops for not displaying two tags and no tag visible (like Missouri). The court sided with the officers in all the cases as they could articulate the reason for the stop.
                    I remember when MO changed to that. We would get a lot of pick-ups on 54 headed towards Wichita with no rear tags. I stopped one and the guys all confused saying that they had just passed the law in MO and couldn't figure out how we in KS did not know! I actually called down to Joplin PD after a few other stops and they "enlightened" me. Was about six plus months before anything came through the training channels.

                    Comment


                    • #11
                      In CA, the two plate law is specific to CA registered vehicles ONLY. It does not apply to vehicles registered in any other state.

                      Display of License Plates

                      5200. (a) When two license plates are issued by the department for use upon a vehicle, they shall be attached to the vehicle for which they were issued, one in the front and the other in the rear.

                      (b) When only one license plate is issued for use upon a vehicle, it shall be attached to the rear thereof , unless the license plate is issued for use upon a truck tractor, in which case the license plate shall be displayed in accordance with Section 4850.5.

                      Amended Sec. 27, Ch. 594, Stats. 2003. Effective January 1, 2004
                      I am certain that an officer would not have any difficulty articulating the reason for a stop, but once it is learned that the vehicle is registered in another jurisdiction and is displaying only one plate, unless another violation exists, it would be a vehicle and license check only. The officer would not be justified to write a violation on an out-of-state vehicle under the above section.
                      Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

                      [George Washington (1732 - 1799)]

                      Comment


                      • #12
                        Here in SC it is a one plate state. I have seen some cars (mostly military) keep the front plate on from say like, ND, and have a SC plate on the back. They tell me there is nothing I can do, so I run both plates and find out which one is valid, then write them for displaying an expired tag for the other one. I've caught one guy with a Guam plate on his front, I warned him, but I think he still has it on.
                        I am a Native American of non-Indian decent.

                        Cleaning the pool, one gene at a time.

                        I'm on a 30 day diet. So far I've lost 15 days!

                        Comment


                        • #13
                          Heres another issue Id like to check on....Ran into it the other night while riding the interstate.....Here in Ga its illegal to have a tinted tag cover, or a tag bezel that obscures the tag.

                          That being said, Pulled a vehicle over for tinted tag cover, only to find out the tag was out of state. Didnt issue a citation, simply explained to the driver reason for the stop and did a 29 check and went 10-8.
                          If something would've presented itself during the stop that wouldve warranted an arrest, would it have been ok to cite for the tag cover and the other violations? Or would different state laws come into play and all my other "fruits" be tossed out?

                          Comment


                          • #14
                            Unc you would be good, at least here in Ca. The vehicle is required to be equipped according the the laws of the state where the vehicle is being operated.
                            Today's Quote:

                            "The difference between stupidity and genius is that genius has its limits."
                            Albert Einstein

                            Comment


                            • #15
                              I would say you'd be okay. I'd write for obstructed plate. If you can't read it, you can't read it.
                              I am a Native American of non-Indian decent.

                              Cleaning the pool, one gene at a time.

                              I'm on a 30 day diet. So far I've lost 15 days!

                              Comment

                              MR300x250 Tablet

                              Collapse

                              What's Going On

                              Collapse

                              There are currently 6089 users online. 364 members and 5725 guests.

                              Most users ever online was 26,947 at 07:36 PM on 12-29-2019.

                              Welcome Ad

                              Collapse
                              Working...
                              X