TX court ruling gives police power to stop/arrest people for partially obscured license plates

[kurth]

Many license plate frames illegal
Court ruling gives police power to stop cars with partially obscured plates
By Chuck Lindell
AMERICAN-STATESMAN STAFF
Wednesday, February 14, 2007

Texans who unintentionally cover even a small portion of their car's license plate can be stopped by police, ticketed and perhaps arrested for the offense, the state's highest criminal court ruled Wednesday. The 8-1 decision left three Court of Criminal Appeals judges holding their noses — proclaiming the statute "uncommonly bad," but acknowledging that the letter of the law prohibits drivers from encasing their license plate in a frame that obscures the state name, state nickname or even portions of the artwork.

Unfortunately, the law as written unintentionally endangers civil liberties, Judge Cathy Cochran wrote in an opinion that, while siding with the majority, raises concerns about the ruling's impact. "It is a 'gotcha' law because it allows the police to arbitrarily stop, ticket, arrest and search any person who is driving a car whose license plate frame covers up any portion of that plate's design," Cochran wrote in an opinion joined by Judges Tom Price and Cheryl Johnson. "Look around you — the vast majority of drivers on Texas roads and highways can be stopped and arrested at any given moment."

Still, Cochran wrote, under a law revised in 2003, "it is a crime . . . if that frame obscures even the tiniest bit of the doo-dad design details of the standard-issue Texas license plate." Violating the standard a Class C misdemeanor with a maximum fine of $200. But, Cochran noted, the offense can also result in arrest, a trip to jail and a search by police...

The ruling alarmed Jim Harrington, director of the Texas Civil Rights Project in Austin. "It's terrible. Basically, the Court of Criminal Appeals is giving enormous power to the police to stop people on their will and whim," Harrington said. "Nobody is ever going to drive a car that is perfectly, perfectly in compliance with all the laws and regulations imposed by Legislature."...

http://www.statesman.com/news/content/news/stories/local/02/15/15license.html

[CatholicEdHead]

1. Cops going to be busy during snowstorms

[dysfunctional press]

10. that's one thing that drives me nuts-

people who don't take the extra 5 seconds to wipe the snow off their tail-lights and/or liscense plates...lazy-ass morans.

[notadmblnd]

26. That drives me nuts too...

but I noticed Wednesday morning after our storm, that because it was so fluffy, by the time I got from my house to the bowling alley where I bowl, my plate was covered with snow again.

[lastliberalintexas]

11. Not in Texas

Maybe in Amarillo or Pampa, 2 or 3 days a year. The rest of the state, not so much.

[dsc]

2. The court isn't the problem here

the legislature is. I fail to see what the court could do about this. Unconstitutional doesn't equal stupid.

[lonestarnot]

3. heh heh heh Texas.

[Katherine Brengle]

4. Plates are meant to be seen, not adorned.

I see absolutely nothing wrong with this.

[donco6]

5. I don't either.

Just try putting a plate frame around your plate in Europe. Ha!

[kurth]

6. Another excuse to pull over and arrest people you don't like

if their plates are not perfect and spotless.

"Be prepared to be pulled over and ticketed, and perhaps even arrested (and have your car towed) if your license plate frame obscures even one of the 'starry-night stars' on your license plate. Mothers driving their children to school should beware; not even the United States Supreme Court will protect you from arrest for violating the Texas Transportation Code." - Judge Cathy Cochran

[Katherine Brengle]

16. How about, if you don't want to get pulled over, make sure your damn

plates are appropriately visible.

Civil liberties my ass.

[lastliberalintexas]

9. You see nothing wrong in the Lege giving the cops a pretextual

reason to pull someone over? Now they don't even have to try to create an excuse to pull over the Black driver, the Lege has given them a legally "legitimate" reason on a silver platter.


Though I do agree that the Court's hands were tied, somewhat, by yet another piece of incredibly stupid legislation from the Texas Legislature. That's the only problem I have with Bernie Sanders- I once heard him actually say "Texas Legislature" and "wisdom" in the same sentence.

[Katherine Brengle]

17. There are plenty of reasons to pull someone over --

if you really want to - ran a red light, speeding, headlight out - this does not change that.

There are devices people are using now so that those speeding ticket cameras can't get a clear shot when they try to snap the plate and other various bullshit like this - people need to stop pissing and whining and accept that we have laws in this country.

[uncle ray]

22. you have to realize

that some people that expect to be pulled over and harassed, make sure they give the police NO reason to pull them over. for example, if you are running a trunk load of marijuana or a few ounces of coke or whatever, you MAKE SURE that your car is 100% legal, no burned out lights, no cracked windshield, etc. and then drive very carefully obey the speed limit, etc. the thing is, to police, if you are a suspicious looking person in a suspicious looking car, the very fact that you are actually obeying all laws makes you even more suspicious! that is where laws like this come in. every drug runner, every drunk knows that you must keep the IMPORTANT parts of your plate unobstructed, the letters/numbers, the state, and the year/month stickers. nobody expects to be pulled over for an obstruction to an unimportant part of the plate. the police don't use these laws to pull over soccer moms, they use them to pull over blacks, hispanics, hippies, punks, gays, whoever they feel the urge to exercise the fact that they have "probable cause" to pull someone over, and stick their nose in the suspects car looking for further reason to search the vehicle.

as someone who drives vehicles that stand out, and works night shift, getting off around the time that bars close, i can tell you that i've experienced ever bullshit reason the cops can think of to pull me over, often multiple times a week by different officers. they've told me bluntly that they use such petty things to find drunk drivers and people with drugs.

it's all about civil liberties. it's pretty plain to see after you get pulled over repeatedly for such little issues because you fit a profile.

[blogslut]

23. I got pulled over for a burned out light

...over my license plate. Pissed me off. I was totally driving within the speed limit, wearing my seatbelt, used my turn signal, came to a full, complete stop before turning...

I had no idea that a missing light over my plate (one of two) would get me a ticket. Sigh. That's what I get for fixing a friend's computer until 2:00 AM.

[dysfunctional press]

14. exactly-

and one thing i've wondered- seeing as all plates are the same size, why do so many companies make holders that obscure a big portion of the plates?

[Kali]

7. since when do Texas cops need any kind of excuse?

[emald]

8. In my experience police will stop anyone they please

and then make up some excuse for doing so. I even rode with a police man as a kid who proclaimed that he could stop any car he wished because he could make up an excuse for doing so with all the small things people don't realize are illegall. That has always stuck with me, for more than thirty years. police will stop anyone they please and this just gives them another reason to do so. Nowthis texas law just confirms the state of justice in amerika. If you have dollars , and lots of them, than justice is yours. No cash, off to jail with you. What a messed up country. If there is a god he must be mighty dissapointed with the united states, christian nation that it thinks it is.

[lastliberalintexas]

12. Yes, but such a fabricated reason can lead to the suppression

of any evidence obtained in a subsequent search and seizure. Laws such as this which give legally legitimate reasons for the original stop can also be used to bolster the propriety of the search and seizure. No longer fruit of the poisonous tree, and all that jazz.

[dysfunctional press]

13. here in illinois there are 37 different "specialty" plates-

the ones you pay extra for as an option, not the ones for things like funeral homes or car dealers.

these are more for things like college alumni and sports fishermen and the like...doesn't having so many different plates make it harder to use them to identify a car by it's plates...? especially when people have special frames around them that obscure a good portion of the plates- you often can't even tell what state it's from.

but- i LIKE the idea of making partially obscured plates a ticketable offense- it's about time, and a step in the right direction.

[Uben]

15. What to do if you get pulled over

If a law enforcement officer pulls you over, you should know your rights. They are trained to get you to give them up. Never admit fault, even if you are at fault. Sign their citation, it is not an admission of guilt.

Stay in your car. If you voluntarily leave your vehicle, they can search it. Roll the window down one inch, and pass your license and registration through. If they ask you to exit the vehicle, do so, but make sure all windows are up, and lock the doors behind you. If they ask you why you locked the doors, tell them it is habit. They have to have a warrant to search if they have no visible or reasonable suspicion of guilt. Most won't go to the trouble of getting a warrant unless they are positive you are concealing something.

Following these guidelines might keep you out of jail and expensive legal fees.

They will ask you loaded questions to get you to admit guilt. "How fast were you going?"
"Why were you weaving?" "How come you didn't stop at the sign?"

Whatever they ask, just say you weren't aware you were speeding or that you didn't come to a full stop, etc.

Never argue! Be polite, and cooperate as much as possible without giving up your rights. Once they realize you are savvy, they will either cite you or let you go. Citations can be argued in court, and illegal searches will be thrown out.

[Katherine Brengle]

19. At night, it is also a good idea to make the patrol car follow you either to a well lit area

(if you are not in one) or to the actual police station - this is legal and there have been many instances of impersonation that have led to rape and murder that could have been avoided with a little simple caution.

[AspenRose]

18. I was reprimanded by a cop for the same thing in Virginia

I'm sure the fact that I was driving as a minority female had nothing to do with it. :sarcasm:

[Jonathan50]

20. This is nothing new

I got pulled over twenty five years ago in south Louisiana for a partially obscured plate.

The cops don't really need a reason to pull you over, if they want you they're going to get you one way or another. When you get to court they will simply "testilie" and you are going to be convicted ninety nine times out of a hundred.

[Katherine Brengle]

21. 99 times out of 100 here, the cases are dismissed lol.

:eyes:

[PLF]

24. There are always those people who can't spread their cheeks wide enough.

No amount of subservient groveling behavior is good enough for these police state apologists.

[Jonathan50]

27. Not an apologist, just a realist

We have to deal with the world as it exists.

[mainegreen]

25. Don't cover your plates. Keep them clean and well lit and the cops wont get you for this.

Most states require plates to be visible and unadorned. To many people hide there plates under stickers, chrome do-dads or god forbid, tinted windows! :rofl:

I'm amazed at how many people seem to think the plate is there to be decorated! It's there to *identify you and your car*! If that purpose is impeded the government may just very well ticket you for it.

[piedmont]

28. They can SEARCH the vehicle?

"it allows the police to arbitrarily stop, ticket, arrest and search any person who is driving a car whose license plate frame covers up any portion of that plate's design"

Is that correct? This law gives cops probable cause to search your vehicle just for a damn sticker on your tag?? That is some messed-up shit.