Legal Question in Traffic Law in Arkansas
Illegal arrest??!
My brother was pulled over while driving my car yesterday afternoon. He was pulled over for not having a front license plate bolted on the front bumper. When the officer ran a check, he found that my brother had a suspended license and bench warrants. He removed my brother and his passenger from the vehicle and searched the car. He found drugs and paraphenelia.
CVC5201 states License plates shall at all times be securely fastened to the vehicle for which they are issued so as to prevent the plates from swinging and shall be mounted in a position to be clearly visible, and shall be maintained in a condition so as to be clearly legible and the front license plate shall be mounted not more than 60 inches from the ground.
I know my plates meet these requirements because i was pulled over for the same offense and the judge dismissed my charges. My license plate is actually mouted between the front dash and the windshield so it doesnt sway and is highly visible. Can this be considered an illegal arrest since the officer had no reason to pull him over?
1 Answer from Attorneys
Re: Illegal arrest??!
probably
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