Saunders

May a peace officer order a traffic stop to investigate possible Vehicle Code violations when the vehicle’s front license plate is missing and the registration tabs on the rear license plate have expired but the vehicle’s rear window displays what appears to be a current temporary operating permit? We conclude that such an investigative stop does not run afoul of the Fourth Amendment, at least when the officer has no other ready means of verifying the vehicle’s compliance with the law. We therefore affirm the judgment of the Court of Appeal.

Background

Defendant Devanee Saunders appeals the denial of his motion to suppress evidence (Pen. Code, § 1538.5, subd. (i)) after having pleaded guilty to carrying a concealed weapon (id., § 12025, subd. (a)(2)), carrying a loaded firearm (id., § 12031, subd. (a)(2)), and being a felon in possession of a firearm (id., § 12021, subd. (a)) and ammunition (id., § 12316, subd. (b)). The following uncontradicted facts are taken largely from the Court of Appeal opinion in this case.

On March 31, 2002, San Jose Police Officers Mark Womack, Brian Simuro, and Javier Acosta were in an unmarked car near Club Rodeo on Coleman Avenue in San…

I concur in the judgment; I agree with the majority that, regardless of the expired registration tab and the temporary operating permit, the missing license plate justified the traffic stop in this case.

I write separately to note my disagreement with the proposition that Saunders, as a passenger, was not detained at the inception of the stop. (Maj. opn., ante, p. 1134.) I would hold that Saunders was detained at that point; he had been deprived of his freedom of movement and was subject to the officers’ control. (See People v. Brendlin (2006) 38 Cal.4th 1107 (dis. opn. of Corrigan, J.).)

Werdegar, J., and Moreno, J., concurred.

On July 26, 2006, the opinion was modified to read as printed above.

May a peace officer order a traffic stop to investigate possible Vehicle Code violations when the vehicle's front license plate is missing and the registration tabs on the rear license plate have expired but the vehicle's rear window displays what appears to be a current temporary operating permit? We conclude that such an investigative stop does not run afoul of the Fourth Amendment, at least when the officer has no other ready means of verifying the vehicle's compliance with the law. We therefore affirm the judgment of the Court of Appeal.

Defendant Devance Saunders appeals the denial of his motion to suppress evidence (Pen.Code, § 1538.5, subd. (i)) after having pleaded guilty to carrying a concealed weapon ( id., § 12025, subd. (a)(2)), carrying a loaded firearm ( id., § 12031, subd. (a)(2)), and being a felon in possession of a firearm ( id., § 12021, subd. (a)) and ammunition ( id., § 12316, subd. (b)). The following uncontradicted facts are taken largely from the Court of Appeal opinion in this case.

On March 31, 2002, San Jose Police Officers Mark Womack, Brian Simuro, and Javier Acosta were in an unmarked car near Club Rodeo on Coleman Avenue in San Jose.…