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Justices Gives Green Light To Traffic Stop Over License Plates
May 15, 2016
In a case that started with a dangling tag light, the Florida Supreme Court made clear Thursday that police officers have broad authority to pull over motorists whose license plates are not fully visible.
Justices, in a 5-2 decision, rejected an appeal from Jermaine D. English, who was stopped by Orlando police because a tag light and wires were hanging down over the license plate on a vehicle he was driving. Evidence found during the stop led to English being charged with possession of cocaine, marijuana and paraphernalia.
In seeking to suppress the evidence, an attorney for English contended that police did not have cause to stop the vehicle. But the Supreme Court upheld a 2014 decision by the 5th District Court of Appeal, which found that state law requires numbers and letters on license plates to be “plainly visible at all times.”
A major part of the dispute centered on whether the law applies only to license plates that have been defaced or covered in substances, such as grease, that would prevent them from being easily read — or whether it also applies to situations such as bulbs and wires hanging down.
“We conclude that the plain language of (the section of state law) is clear and unambiguous, and requires that a license plate be plainly visible and legible at all times without regard to whether the obscuring matter is on or external to the plate,” said Thursday’s ruling, written by Chief Justice Jorge Labarga and joined by justices R. Fred Lewis, Peggy Quince, Charles Canady and Ricky Polston.
But Justice James E.C. Perry, in a dissent joined by Justice Barbara Pariente, wrote that the law was intended to prevent motorists from “physically altering or obscuring the license plate.”
“Under the majority’s view, the licensing statute could lead to potentially outrageous results,” Perry wrote. “For example, families and avid bikers who utilize rear bike racks will now be guilty of unlawful activity if any part of the bicycle or bicycle rack — or the nylon straps which are used to secure the bike to the rack — covers the license plate. The possibilities under which law enforcement may now detain drivers under this statute are limited only by the imagination, potentially placing in the hands of law enforcement unfettered discretion to enforce the statute.”
In going to the Supreme Court, English’s attorney argued that the 2014 ruling by the 5th District Court of Appeal conflicted with an earlier decision by another appeals court. That decision, by the 2nd District Court of Appeal, found that police could not stop a vehicle because a trailer hitch blocked the view of a license plate, according to a brief filed last year by English’s attorney.
The Supreme Court majority, however, sided with the 5th District Court of Appeal and rejected the earlier ruling.
“The plain language of (of the section of law) requires that a license plate be ‘clear and distinct’ and ‘free from defacement, mutilation, grease, and other obscuring matter;’ it does not suggest that matter external to the license plate may constitute a permissible obstruction under the statute,” Labarga wrote.
by Jim Saunders, The News Service of Florida
Comments
9 Responses to “Justices Gives Green Light To Traffic Stop Over License Plates”
REGARDING:
“How about the dark tinted plastic covers that are over the plates making
it impossible to see the tag itself”
Obviously in violation and grounds to stop them.
David for compliance when possible
How about the dark tinted plastic covers that are over the plates making
it impossible to see the tag itself
REGARDING:
” “The plain language of (of the section of law) requires …” ”
It is good they believe in the concept of clear law and a word meaning what it says.
David for clarity
When pulled over for speeding on I-10 west of Tallahassee, I was also issued a written warning because my “tag ring” (license plate frame) obscured the state name and county name along the upper and lower edges of the license plate.
Guess anyone pulling a camper or trailor would be in violation. They have seperate tags but have nothing yo go with registered tag on motor vehicle. Lot of tourist r going yo be hassled.
Laws like this aren’t written to “get” anyone. It is a common sense law. People leave the scene of wrecks all the time. Often the only way to identity someone who does this is by a tag number. If you are a victim of a hit and run and try to get the tag number and can’t because it is obstructed then you would feel differently about it. Laws aren’t mean to hurt people. They are there to help and this one makes perfect sense. Also, the descent given by the other two justices is arguable but they should also know that bike and cooler racks come with two holes in the back side of them so that you can take your tag off and mount it on the outside so that it is plainly visible. It only takes a few minutes to make sure that you do things the right way. This all boils down to this guy doesn’t want to go to prison for having his drugs and so he’s wasting the system’s time and our money to argue a dumb point.
And know you can be pulled over because the trailer ball is directly behind the plate, preventing the “clear and distinct” view of the plate.
Drop the tail gate on your pickup, and the LEO in the SUV can not see your plate as he passes you……………..you get pulled over.
Bike racks, handicap scooter carriers, cargo platforms, etc. etc.
Try receiving a letter from Juneau Alaska telling you there is a warrant out for your arrest for failure to show up in court! I didn’t know which way to run. After a few phone calls assuring them that neither I, nor my car, had ever been in Alaska, they said they have this problem all of the time because of snow covering the plates.. So, I guess we all need tiny wiper blades and spray bottles to make sure the plates can be read.
It should be the same as having a brake light out, they can stop you and site you for “improper equipment” I believe that’s what it is called, and if they find anything else they should be able to get you for that too.
So word to the wise, if you don’t won’t to be pulled over, make sure your vehicle is in proper working order.