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  1. #1
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Failing to Register Car and Get In-State License After Moving for a Temporary Job

    Quote Quoting cdwjava
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    There is an ample body of case law that would seem to indicate that if the officer is not aware of that state's laws, he should not make the stop for no stickers. Now, if he had a reasonable belief the plate was expired, then the stop might be good.
    I stand corrected...

    So the question is then, do you as a California LEO have access to NJ DMV records (via dispatch or otherwise)? And if that is the case, and even if the officer were to testify (in this case) that he had done so, the fact that the OP's vehicle registration was valid, would suggest that there was really no justifiable reason for the stop!

    Not sure why but this thread reminded me of this:

    http://www.chp.ca.gov/pdf/media/09-10.pdf

    (No disrespect intended towards the OP with the "Cheaters" reference).

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Failing to Register Car and Get In-State License After Moving for a Temporary Job

    Quote Quoting That Guy
    View Post
    So the question is then, do you as a California LEO have access to NJ DMV records (via dispatch or otherwise)?
    Yes. If the dispatcher or the officer has access to CLETS then he or she can access the NJ MVC via NCIC.

    And if that is the case, and even if the officer were to testify (in this case) that he had done so, the fact that the OP's vehicle registration was valid, would suggest that there was really no justifiable reason for the stop!
    Correct.

    As he apparently had inadequate knowledge of the sticker requirement, a stop for a perceived lack of an expiration sticker would be a stretch. That is not to say a local traffic court judge/commissioner might not let it pass, but I doubt the stop would pass a greater analysis. Good thing no major criminal oiffese was not discovered, or there would be a good argument for suppression.

    There are a great many people that pull this sort of thing - particularly near the northern border with Oregon and its cheap registration fees. These cheaters count on the officer buying their tale and letting it go. But, the residency presumption is rebuttable so the officer can still issue a cite with probable cause and the defendant can ask a judge to rule on it.

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