Is a motorist's failure to have a driver's license sufficient to be considered a suspect in a grand theft case?

California, United States of America


The following excerpt is from People v. Superior Court, 101 Cal.Rptr. 837, 496 P.2d 1205, 7 Cal.3d 186 (Cal. 1972):

We conclude that the mere failure of a motorist to have his driver's license in his immediate possession is a circumstance of such generally innocent connotation that it cannot reasonably transform the coincident lack of a registration card into grounds to believe the motorist guilty of grand theft. 'The mere absence of registration did not give the officer probable cause to think that the car was stolen. . . . The absence of license and identification makes it no more probable that the car was stolen.' (United States v. Day (E.D.Pa.1971) 331 F.Supp. 254, 256.) 8

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