CALIFORNIA CRIMINAL DEFENSE: STOPPING CARS TO CHECK ON TEMPORARY PERMITS
STOPPING CARS TO CHECK ON TEMPORARY PERMITS
We were worried that the Supremes would wipe out Butler (202 Cal.App.3d
602). Butler says an officer can't stop a car to determine whether tinted windows in the car are illegally tinted. The officer can't detain to find out if there's a violation of law; the officer has to have reasonable cause to believe there's a violation. However, Butler lives to fight another day!
Both these cases involve stops for cars with temporary permits. In Raymond C., the officer sees a car with no license plates and no temporary permit in the rear window. The Supremes uphold a stop, even though it turned out that there was a permit in the front
window. The Supremes say that the stop was reasonable because driving past the car to see if there was a permit in the front window might have been dangerous. However, in Hernandez, the officer saw a car with no license plates which DID have a temporary permit in the rear window.
The officer stopped the car because a lot of stolen cars have forged temporary permits. The Supremes rule that this search was illegal, because the officer had nothing specific to support his belief. So I think Raymond C. is narrow, and Butler survives.
In re Raymond C.; 2008 DJ DAR 18112; DJ, 12/13/08; Cal. Supremes (we
lose)
People v. Hernandez; 2008 DJ DAR 18109; DJ, 12/13/08; Cal. Supremes
(we win)
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