People v. Hernandez

California Court of Appeal Dec 18, 2006 No. C051224, C051602Published

Before: Robie

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Holding. The court held that a traffic stop based solely on the absence of license plates is unlawful when the vehicle displays a valid-appearing temporary operating permit, as an officer's generalized suspicion of forgery without specific articulable facts does not constitute reasonable suspicion. Consequently, convictions for resisting an unlawful arrest must be reversed.

Issues

Whether a police officer has reasonable suspicion to stop a vehicle displaying a valid-appearing temporary operating permit solely because the vehicle lacks license plates.
Whether a defendant can be convicted of resisting arrest when the underlying detention is unlawful.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“We agree with defendant that the traffic stop in this case was unlawful.”

“Absent either additional facts justifying a reasonable suspicion of criminal activity, or specific experience Deputy Paonessa had to justify a suspicion that the particular operating permit displayed on defendant's truck was invalid, we cannot say the stop was reasonable.”

“Since we have already concluded the traffic stop was not justified and therefore unlawful, we agree the convictions for resisting arrest cannot stand.”

53 Cal.Rptr.3d 66 (2006) 146 Cal.App.4th 773 The PEOPLE, Plaintiff and Respondent,

George Lee HERNANDEZ, Defendant, and Appellant.

Nos. C051224, C051602. Court of Appeal of California, Third District.

December 18, 2006. Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Stan A. Cross, Acting Senior Assistant Attorney General, Julie A. Hokans, Supervising Deputy Attorney General, Peter W. Thompson, Deputy Attorney General, Sacramento, CA, for Plaintiff and Respondent.

Robert Derham, under appointment by the Court of Appeal, San Rafael, CA, for Defendant and Appellant.

ROBIE, J.

A jury found defendant George Lee Hernandez guilty of felony and misdemeanor resisting arrest, being under the influence of methamphetamine, and driving while under the influence of alcohol or [67] drugs. Defendant appeals, contending the trial court erred in denying his motion to suppress because the police had no reasonable grounds to stop his vehicle for having no license plates when the temporary operating permit was lawfully placed, valid on its face, and seen by the police officer. Defendant also contends his convictions for resisting arrest must be reversed because the arresting officer was not acting lawfully

We agree with defendant that the traffic stop in this case was unlawful. Accordingly, we will reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Sacramento Sheriffs Deputy Anthony Paonessa testified at the hearing on the motion to suppress. Deputy Paonessa testified he was on patrol on January 25, 2005, at approximately 4:40 p.m. when he first saw a brown pick-up truck. Deputy Paonessa noticed the truck did not have any license plates so he pulled the truck over. During cross-examination, Deputy Paonessa said that before he pulled the truck over, he observed a temporary operating permit in the rear window of the truck that appeared valid on its face. Deputy Paonessa testified that he understands temporary operating permits are provided pending issuance of license plates to show that all fees have been paid to the Department of Motor Vehicles. Deputy Paonessa pulled the truck over despite the temporary operating permit because "temporary operating permits are very often forged," but he did not have any indication that this truck's temporary operating permit was forged. There was also no indication that the truck was-stolen or that the temporary operating permit did not go with the truck.

People v. Hernandez

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ROBIE, J.

FACTUAL AND PROCEDURAL BACKGROUND

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DISCUSSION

DISPOSITION

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