Duncan

This case presents an issue as to whether driving with an upside-down license plate constitutes a violation of Vehicle Code section 5201. (All further statutory references are to the Vehicle Code.) As a matter of first impression in California, we conclude that the answer is yes.

FACTUAL AND PROCEDURAL BACKGROUND

Leonza Kevin Duncan was arrested on April 24, 2006, by Chula Vista Police Officer Steve Szymczak and charged with transportation of methamphetamine, possession for sale of methamphetamine, misdemeanor possession of marijuana, and misdemeanor possession of tools with intent to break and enter. Following the preliminary hearing, Duncan brought a motion to suppress all evidence obtained as a result of his detention, arrest, and subsequent search of his vehicle.

At Duncan’s suppression motion hearing, Officer Szymczak testified that, while on duty, he observed a vehicle driving toward him and noticed that the front license plate was upside down. As soon as Duncan drove past, Officer Szymczak made a U-turn but was delayed at a traffic light and could not immediately stop Duncan. Officer Szymczak located Duncan moments later parked at a motel in a high-crime…