189 Cal. App. 4th 742
Cal. Ct. App.2010Background
- Police ran a DMV computer check showing the vehicle’s registration expired in July 2007; a temporary May permit was displayed on the rear window.
- Officer Moon believed the temporary permit limited driving to completing a smog check; he stopped the car at night based on the DMV expiration.
- A cigarette dipped in phencyclidine was found during the stop and Greenwood was arrested.
- The trial court denied the motion to suppress, ruling the stop reasonable despite the temporary permit; the court relied on the DMV record showing expired registration.
- On appeal, Greenwood argued the stop violated the Fourth Amendment because of the temporary permit and lack of current registration.
- During proceedings, it was stipulated that the temporary permit was valid and DMV records showed suspension of registration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was reasonable under the Fourth Amendment | Greenwood | Greenwood | Stop upheld; DMV record showed expired registration, supporting articulable suspicion |
| Whether a temporary permit on display negates reasonable suspicion to stop | Greenwood | Greenwood | Temporary permit alone does not negate; objective DMV evidence controlled |
| Whether subjective beliefs about permit limitations affect Fourth Amendment analysis | Greenwood | Greenwood | Subjective belief irrelevant; decision based on objective facts from DMV |
Key Cases Cited
- People v. Hernandez, 45 Cal.4th 295 (2008) (temporary permits may not justify stops when used alone)
- People v. Brendlin, 38 Cal.4th 1107 (2006) (recognizes process in renewal affecting permissibility of stops)
- In re Raymond C., 45 Cal.4th 303 (2008) (no permit in rear window does not bar stop if not visible from front)
- People v. Saunders, 38 Cal.4th 1129 (2006) (ambiguous registration status may justify a stop for investigation)
- People v. Nabong, 115 Cal.App.4th Supp. 1 (2004) (temporary permit vs. registration status considerations)
- People v. Dotson, 179 Cal.App.4th 1045 (2009) (stop may be reasonable when no permit is visible and no plates)