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Criminal Law

: Fourth Amendment

Cal2: DMV record sufficient to stop here on expired license; temporary tag, too, not enough

By John Wesley Hall, Jr.

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The officer ran defendant’s vehicle tag through DMV records, and it came back expired. There was a temporary tag in the window, but the officers had no way to determine whether it cured the expired tag. The stop was objectively reasonable. People v. Greenwood, 2010 Cal. App. LEXIS 1850 (2d Dist. October 28, 2010).* The arrest warrant gave authority to enter the premises of the person named in it. Defendant’s actions at the door only supported the belief that the person was inside, so they came in. Drugs were found in plain view. People v Paige, 2010 NY Slip Op 7629, 2010 N.Y. App. Div. LEXIS 7729 (3d Dept. October 28, 2010).* Defendant was observed on casino surveillance doing a probable drug deal, and they called the police. The police saw the video and security pointed him out...continue to full post

Full post as published by Fourth Amendment on November 02, 2010 (boomark / email).

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