Legal Question in Criminal Law in Michigan

owi driving

is it legel for ploice to run your plate going down the road


Asked on 2/23/08, 2:39 pm

3 Answers from Attorneys

William Morrison Action Defense Center

Re: owi driving

Yes.

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Answered on 2/23/08, 7:59 pm
Stuart Collis Collis, Griffor & Hendra, PC

Re: owi driving

Actually, it is. There's a court of appeals case that published an opinion on that very question a few years ago (and it was just as I was trying to strike a search just like that at the same time).

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Answered on 2/23/08, 10:31 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: owi driving

One reason why it is not an illegal search is because you have no reasonable expectation of privacy in what is being searched: the regisration information on the plate that is already publicly-displayed on the vehicle. Your plate is there for everyone to see ... police included.

All the police are doing is seeing what they have right to see (the plate number on the plate in pubic) and then checking whether it is valid for that car (maybe through a phone call, radio call or by other electronic means).

Why is this "less legal" than the cop writing the plate number down, driving to the station and running the plate there? By then, the car is gone, and any law enforcement follow-up is hindered.

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Answered on 2/25/08, 11:24 am


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