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Court: Don’t Hide The Words On Your Florida License Plate
May 10, 2018
A state appeals court Wednesday said a police officer was allowed to stop a Miami-Dade County motorist because the word “Florida” on the car’s license plate was obscured by a metal frame.
While expressing concern about its ruling, a panel of the 3rd District Court of Appeal overturned a lower-court decision that suppressed evidence obtained in a 2015 traffic stop of motorist Marcelo Pena. A search of the car led to the discovery of a bag that contained alprazolam pills and a drug charge against Pena, the ruling said.
Pena’s car had a rear license plate with a metal frame that obscured the words “MyFlorida.com” from the top part of the plate and “Sunshine State” from the bottom part. Pena was not the subject of an investigation at the time, but Officer Carl Sanabria stopped the car to issue a citation because of a violation of a state license-plate law.
The frame — described as being similar to frames provided by auto dealers — did not obscure the identification or decal numbers on the license plate. But after the officer made the stop, he arrested Pena for driving with a suspended license. Also, thinking he smelled marijuana, the officer searched the car and found the pills, the ruling said.
A Miami-Dade County circuit judge said the traffic stop was illegal and granted a motion by Pena to suppress statements and the evidence found in the car.
But the appeals court said the Legislature in 2005 changed a law to require that the word “Florida” on license plates to be unobscured. As a result, it said the evidence should not have been suppressed.
“Here, the suppression hearing evidence was undisputed that the word ‘Florida’ was obscured by the frame on Pena’s tag,” said the eight-page ruling, written by Judge Robert Luck and joined by Chief Judge Leslie Rothenberg and Judge Vance Salter. “The word ‘Florida’ on Pena’s tag was not clear and distinct and free from obscuring matter.”
Nevertheless, the court expressed apprehension about the issue. Partially quoting from another court’s ruling, it said that “license plate rims and frames are ‘a common practice of long-standing among the citizens of our state;’ ‘are frequently supplied by car dealers;’ and ‘many otherwise law-abiding citizens install them specifically to show allegiance to a club, fraternity, college or sports team or, as a means of other self-expression.’ But the Legislature gets to make the laws that govern our public roads and highways.”
In a footnote to Wednesday’s ruling, the court said the Legislature as of Jan. 1, 2016, changed the law to effectively eliminate the requirement that the word “Florida” be unobscured on license plates. But it said that was too late for Pena.
“Of course, the probable cause determination is made based on the facts and law at the time of the arrest … so we only look to the 2015 version … for purposes of determining whether Detective Sanabria’s stop of Pena’s car was lawful,” the footnote said.
by Jim Saunders, The News Service of Florida
Comments
14 Responses to “Court: Don’t Hide The Words On Your Florida License Plate”
So many comments, sounds like some are from people who have an ax to grind. It should not be legal to cover any part of the tag that has information on it, such as the number, decal or the states name. Let’s remember there are 50 states and all have personal tags and speciality tags, so there’s probably 500 or more combinations with out knowing what state it is regestered to. As far as a sticker covering the orange not much info there. Nor should you be allowed to cover the tag with a plastic cover, again the tag becomes unreadable at night, the headlights hits the cover and all you can see is a glare.
Let us not forget the large number of motorists that put that nice round “sheriff department” symbol right over the orange in the middle of the plate. What’s good for the goose is good for the gander.
What I get from this article is a lot of folks in the legal system did quite a bit of jukin and jiving to make sure a single arrest was not overturned. As we all know, this is exactly how a legal system is supposed to work. Anything is OK on one side and everybody else will do their best to see that it stays that way.
Smelled marijuana but found pills? How hokey can you get?
I often see license plates with police badge types stickers on top of the Oranges in the middle of Florida license plates. I’m just curious to know if this is legal?
Thank you Suzie B!!!
I don’t think any of the other commenters bothered to read the complete article where is states it OK now – as of January 1, 2016!
T 98 – Was your incident after January 1, 2016? The law was changed.
“In a footnote to Wednesday’s ruling, the court said the Legislature as of Jan. 1, 2016, changed the law to effectively eliminate the requirement that the word “Florida” be unobscured on license plates. But it said that was too late for Pena.”
How often do you see cars from out of state that you can’t even see the state name. That law has been on the books of many states for years/
What a petty thing to be concerned about that police officer needs to get a job and the state legislature needs to be paid less if this stuff is worth their
P.S. Still Glad they busted the guy.
Learned it the hard way. I got pulled over in Bratt and was issued a $116 dollar ticket because the top half of Florida was covered up.
Years back when the Ice Pilots played against Louisiana, a couple of fans got stopped by a Louisiana State Trooper for having their license tag partial covered by the Ice Pilots tag holder. So Florida is not the only state to have had this rule in the past.
Another example that common sense is dead….Only makes sense that the state should be clearly visible on a tag.
if he’s speeding, stop him. using a tag holder that covers up the word florida is an over reach and petty. i support law enforcement, also common sense.
Try to comply Yes…….don’t be doin drugs,smokin rope etc.
in the car should at least get you just a warnin on the partial
covered plate . Has common sense been completely lost
it’s grip ? Where did it go ? But right now I’m agonna go
check my plate cover…..never had a ticket and don’t want
to start a new trend
The my Florida . com makes a ugly tag !! Just put Florida across the top like it use to be
Comply or don’t own a street legal motor vehicle. Driving is a privilege.