Legal Question in Criminal Law in California

Re: Grounds for Dismissal or Suppression?

All good questions, an motion is certianly in the offing, the next step appears to be discovery of the dispatch tapes and logs and a DMV history on the vehicle...all are best handled by counsel familiar with the local court and local rules of court, and the discovery request and/or motion for discovery should be brought ASAP as record retention and production varies by police department.

My practice is limited to homicide defense.

DJM

Re: Grounds for Dismissal or Suppression?

If the tags were current and the officer had no idea who the driver was, then the reasons you cite do not support a traffic stop. A motion to suppress any evidence obtained as a result of the traffic stop should succeed. You should not try to bring this motion yourself, though. It is important that you hire someone who knows what he or she is doing.

I am a bit skeptical, though. Police officers know better than to make up an excuse for pulling someone over. They sometimes do it anyway, but prosecutors know better than to pursue such a case. Are you sure of your facts?