White

The issue in this case is whether a license plate that is partially obscured by a trailer hitch ball violates Vehicle Code section 5201, which in pertinent part requires that license plates be mounted so as to be “clearly visible,” and thus establishes a constitutional basis for a law enforcement officer to stop the vehicle. The issue arises in the context of a suppression motion that the trial court granted based on the trial court’s view that the stop was unlawful. Because all evidence against defendant was suppressed, the trial court also dismissed the various misdemeanor charges that had been filed against him. The Appellate Division of San Bernardino Superior Court (hereafter Superior Court) held that the stop was lawful, and reversed the trial judge. Oh our own motion, in accordance with rule 62(a) and (b) of the California Rules of Court, we ordered transfer of this case from the Superior Court. We conclude that the stop was lawful and, therefore, we will reverse the trial court.

Background

On October 12, 2000, San Bernardino County Sheriffs Deputy Brandon Wiebeld stopped defendant’s pickup truck after noticing that a trailer hitch or tow ball on the truck’s rear…