People v. Martin CA4/3

Good Law
Court of Appeal of CaliforniaFebruary 26, 2013G047278California908 words

Opinion

Opinion

FACTS

The car driven by defendant was stopped by police on August 22, 2011, because the sticker on his license plate showed his registration expired in August. While the computer system indicated the registration had already been renewed for the following year, the law requires tags reflecting that fact be displayed. (Veh. Code § 5204, subd. (a) [“Current month and year tabs shall be attached to the rear license plate assigned to the vehicle” (italics added)].) Two weeks having passed since defendant should have received his tags, CHP Officer Carlo Marzocca stopped the car to find out why it was not in compliance with the statute. When he did so, Marzocca noted that three of the four occupants of the car seemed nervous. The one who was most nervous did not have any identification. Marzocca had him get out of the car and then asked the remaining occupants what his name was. They purported not to know his name, explaining they had only met him a few weeks earlier. While dealing with the unidentified male, Marzocca saw defendant making “furtive” and “frantic[]” movements. Concerned about his safety, the officer ordered defendant to stay still, but he continued to move around.…

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