10-03-2014, 01:05 AM
Tom, we call that playing “License Plate Bingo.” It is generally accepted as legal and valid, and has been upheld by lower courts. However, it has never been fully tested by the Supreme Court. To make a vehicle stop the officer only needs a ‘reasonable suspicion that the occupant has committed, is committing, or is preparing to commit a crime’. So in the case of the registered owner having a warrant for their arrest or having a revoked license, the officer needs to ‘reasonable suspect’ that the registered owner is the occupant of the vehicle. That does not take much, a quick glance and you see a female, but the RO is a male, and it is a no go. However, if you see a general match to the listed physicals, and you are good to go. You don’t have to be absolutely certain that the occupant is the wanted party.
However, most officers wait and “establish probable cause,” as we call it by looking for an equipment or moving violation. Any violation, no matter how petty, is ‘probable cause’ for the stop. When you have this additional probable cause, you are on firmer legal ground. Probable cause is a higher burden of proof than reasonable suspicion. However, probable cause does not require absolute certainty either. The measure of probable cause falls under the reasonable persona standard. I.E. that another person of reasonable mind and intelligence, when presented with the same facts, would come the conclusion that it is more likely than not that the violation did in fact occur.
As to your question about the Officer following and perhaps running the plate; yes, it is entirely likely. They may have also been planning out the stop, waiting for the right place to light them up so that there is a nice safe spot available to pull over and conduct the stop. They could have been waiting for someone else to get off the radio so that they could call it in. You don’t just flip on the lights at the first chance. It is also best for officer safety to call in your stop beforehand, so that your hands, and attention, are free when the stop happens. Additionally, then they know where you are if you don’t call back in, or unintelligibly scream for help.
However, most officers wait and “establish probable cause,” as we call it by looking for an equipment or moving violation. Any violation, no matter how petty, is ‘probable cause’ for the stop. When you have this additional probable cause, you are on firmer legal ground. Probable cause is a higher burden of proof than reasonable suspicion. However, probable cause does not require absolute certainty either. The measure of probable cause falls under the reasonable persona standard. I.E. that another person of reasonable mind and intelligence, when presented with the same facts, would come the conclusion that it is more likely than not that the violation did in fact occur.
As to your question about the Officer following and perhaps running the plate; yes, it is entirely likely. They may have also been planning out the stop, waiting for the right place to light them up so that there is a nice safe spot available to pull over and conduct the stop. They could have been waiting for someone else to get off the radio so that they could call it in. You don’t just flip on the lights at the first chance. It is also best for officer safety to call in your stop beforehand, so that your hands, and attention, are free when the stop happens. Additionally, then they know where you are if you don’t call back in, or unintelligibly scream for help.