White

An officer on patrol observed a car with only one Arizona license plate affixed and with a tree-shaped air freshener hanging from the rearview mirror. Believing that these constituted Vehicle Code violations, the officer stopped the car and, in the course of his investigation, discovered five pounds of marijuana and thousands of dollars in cash in the trunk. Arizona, however, issues only one plate per vehicle, and we conclude that the officer’s error of law, though made in good faith, cannot form the basis for a vehicle stop. We also determine that the evidence produced at the hearing on the defendants’ motions to suppress failed to establish a reasonable basis for believing the air freshener reduced the driver’s clear view. Thus, we conclude the trial court erred in denying the motions and reverse.

Procedural Background

Defendants Christopher White and Jason E. Fishbain were charged with possession of marijuana for sale (Health & Saf. Code, § 11359) (count one) and transportation of marijuana (Health & Saf. Code, § 11360, subd. (a)) (count two) in an information filed May 20, 1999. In October 1999, motions to suppress evidence (Pen. Code, § 1538.5) made by Fishbain and…