Legal Question in Criminal Law in California

can a vehicals license plate have a arrest warrant on it and if so does that make it legal to be search without identifing the the occupants first?


Asked on 3/28/11, 4:04 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Some police cars have cameras connected to license-plate reading computers that can display a vehicle owner's warrant status, probation/parole status, or criminal history. Failing that there is always the burned-out taillight story. If you were charged with a crime, consult a lawyer and let the lawyer sort out whether the stop and/or search can be legally challenged.

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Answered on 3/28/11, 4:10 am
Joe Dane Law Office of Joe Dane

Yes, they can associate a car and its plate with a warrant. If that was the ONLY reason for the stop, then they can identify whether or not the occupants are named in the warrant, but I'm not hearing a basis to search.

Search issues are fact-specific, so for a thorough analysis, your attorney will have to look into a motion to suppress any evidence seized.

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Answered on 3/28/11, 5:45 am
Terry A. Nelson Nelson & Lawless

Whatever they did, now you have to deal with it. There may be defenses.

When charged with a felony, you potentially face one or more years in prison if convicted, on a misdemeanor, you face up to 6-12 months in jail -- on each count. If you have priors, they are penalty �enhancements� under the 3 Strikes rules. If this constitutes a probation or parole violation, factor those new and old charge[s] in as well. Multiple counts and charges just make your situation worse, of course. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it, depending upon all the facts and evidence. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help use whatever defenses there may be.

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Answered on 3/28/11, 11:54 am


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