Reyes

People v. Reyes

Good Law
127 Cal. Rptr. 3d 167·196 Cal. App. 4th 856·2011 Cal. App. LEXIS 783
Court of Appeal of CaliforniaJune 17, 2011No. H035872California3,173 words

Opinion

Lead Opinion

Premo, J.

Defendant Jesus Santos Sanchez Reyes was charged with transportation of cocaine (Health & Saf. Code, § 11352, subd. (a)), a felony, and two misdemeanors, giving false information to a peace officer (Pen. Code, § 148.9, subd. (a)), and driving with a suspended license (Veh. Code, § 14601.2, subd. (a)). The evidence against him was uncovered during a traffic stop made after a police officer noticed that defendant’s vehicle had only one license plate—a Florida license plate—-affixed to the rear of the vehicle. Defendant moved to suppress the evidence (Pen. Code, § 1538.5) arguing that the single Florida plate was not a violation of the law and, therefore, the officer had no objectively reasonable basis to stop him. The *859 motion was heard at the preliminary hearing where the magistrate denied it and held defendant to answer. Thereafter, defendant pleaded guilty and was placed on probation for three years. On appeal, defendant argues that the magistrate erred in denying his motion to suppress.

We agree with defendant. There was nothing about his vehicle to suggest that it was not properly registered in Florida. Assuming that the officer believed the single license plate…

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