In what circumstances will the court overturn a finding that a stop of defendant was lawful because he had not yet submitted his license plate and registration to the police?

California, United States of America


The following excerpt is from People v. Hamlett, D073197 (Cal. App. 2018):

7. In light of our decision, we deem it unnecessary to determine whether the court was correct in finding the officers' stop of defendant was, in any event, lawful because, when they ran his license plate and found his vehicle registration was expired, defendant allegedly had not yet "fully submitted" to the officers' authority. (See Dimitrov, supra, 33 Cal.App.4th at p. 27 [noting we review the correctness or incorrectness of the trial court's ruling, not the reasons for its ruling].) Nor do we decide on this record whether the officers knew defendant had a valid Fourth Amendment waiver before they initiated the stop, which knowledge may have provided yet another lawful basis to stop and search defendant and his vehicle. (See People v. Watkins (2009) 170 Cal.App.4th 1403, 1409 [noting a "search pursuant to a parole or probation search condition is normally valid only if the officer knew of the condition when he [or she] did the search"].)

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