Officers pulled client over for not having a front license plate. During their contact with client, officers discovered that he was on searchable probation. During an inspection of the car, officers found 2lbs of methamphetamine and assault weapons. Client charged with possession for sales as well as the weapons charge.
Attorney Friedman discovered that the vehicle client was driving had been rented. The car was legally registered in Georgia – a state that does not require a front license plate. Mr. Friedman researched the legal issue, and discovered California caselaw that recognizes how an officer cannot lawfully stop an out of state vehicle for a license plate violation if the vehicle is otherwise in compliance with the laws of its home state. Additional researched showed that even if client is on searchable probation, the police must first have knowledge that the suspect is on searchable probation if they are using a probation condition as the basis for the stop (not the case here).
Mr. Friedman prepared a detailed motion to suppress. Upon reviewing the motion, the prosecutor agreed with Mr. Friedman’s interpretation of the law and dismissed the case. Had client been convicted of the charged offenses, he would have necessarily served a state prison sentence!