In Re Raymond C.
People v. Raymond C.
Opinion
Opinion
Corrigan, J.
In this companion case to People v. Hernandez (2008) 45 Cal.4th 295 (Hernandez), we conclude that the officer acted with sufficient particularized suspicion to justify the traffic stop at issue here.
I. FACTUAL AND PROCEDURAL BACKGROUND
At 1:00 a.m. on October 24, 2004, Officer Timothy Kandler saw Raymond C. driving an Acura without license plates or a temporary operating permit in the rear window. The car was otherwise being driven lawfully. Kandler could not see whether there was a temporary permit in the front window. He stopped the Acura for the apparent license plate violation.
Kandler asked Raymond for his driver’s license, registration, and proof of insurance. Raymond provided his driver’s license and proof of insurance and said the temporary permit was displayed in the front window. In the course of the conversation Kandler noticed the odor of alcohol emanating from Raymond’s breath and person. Kandler then administered a field sobriety test, which Raymond failed.
At a motion to suppress evidence Raymond’s father testified that he purchased the 2005 Acura on October 2, 2004, and did not receive license plates until early December. The two-week-old car was…