Traffic Stops and Temporary Operating Permits

A police officer initiated a traffic stop because the vehicle he observed had expired registration tags on its license plates. The officer subsequently discovered drugs in the vehicle and arrested the driver. The driver then brought a Fourth Amendment suppression motion. At the ensuing suppression hearing, the officer testified that he would have stopped the vehicle regardless of whether he saw a temporary operating permit displayed on the vehicle. The defense offered testimonial and documentary evidence that a temporary operating permit was in fact displayed. The trial court denied the suppression motion, noting that it did not find the defendant's testimony regarding the temporary operating permit credible.

Division Two of the First District Court of Appeal reversed the denial of the defendant's suppression motion. In so ruling, the Court of Appeal held that under these circumstances the officer had an obligation to at least look for a valid temporary operating permit as he followed the vehicle in question. Without doing so, the officer could not have formed a reasonable suspicion that the vehicle was not properly registered.

The Court of Appeal, however, was quick to limit the scope of its holding. It did not hold that officers who observe expired registration tabs have an affirmative duty to look for an operating permit prior to conducting a traffic stop. Thus, it appears the Court of Appeal was particularly troubled that the officer in this case would have stopped the vehicle regardless of whether he saw a temporary operating permit displayed on the vehicle. In addition, the Court of Appeal rejected the defendant's appellate contention that, as a matter of law, an officer who stops a vehicle with expired registration must check for the temporary operating permit as soon as the stop is affected, and release the vehicle as soon as he determines that a temporary operating permit is in place.

The unanimous opinion was authored by Presiding Justice J. Anthony Kline.

People v. Dean, no. A115164 (Cal.Ct.App. (1st Dist., Div. Two) filed 12/21/07)

California appellate courts have wrestled with a number of different fact patterns involving traffic stops and temporary operating permits of late. However, the question of whether an officer may stop a vehicle that has an expired registration tab but also displays a temporary operating permit remains an open one. The California Supreme Court has granted review in two somewhat similar cases though. In People v. Hernandez (S150038) and In re Raymond C. (S149728), the Supreme Court will address the following issue: "If a police officer sees that a motor vehicle lacks a rear or both license plates, may the officer make a traffic stop to determine if the vehicle has a temporary permit or if a displayed temporary permit is a valid one?"