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Random License Plate Checks in Georgia

Posted by Sean A. Black | Apr 19, 2017 | 2 Comments

A driver of the vehicle committed no moving violations and did nothing suspicious. An officer behind the vehicle decides to call in his license plate number or run a computerized check from the patrol vehicle. That check reveals that the license plate on the vehicle does not match the vehicle.

Of course, driving a vehicle with the wrong tag on it is a violation of Georgia law. It authorizes a stop of the vehicle and the issuance of a citation of the driver and an impounding of the vehicle. O.C.G.A. ยงยง 40-2-5, 40-2-8.

Is there a constitutional violation which would protect the driver regarding the stop? Does the officer have to have reasonable suspicion or probable cause before running that check?

The officer does not need probable cause or reasonable suspicion to have dispatch check the license or to run a computerized check.

A driver does not have any expectation of privacy regarding the characters of his license plate. The license plate is in plain view. Checking the license plate does not restrict or interfere with the driver's operation of the vehicle; it does not constitute a seizure of the person or the vehicle.

In short, there does not appear to be a Fourth Amendment implication to an officer randomly checking license plates.

About the Author

Sean A. Black

Sean A. Black is a 1992 graduate of the Emory University School of Law. He has been in private practice in Toccoa, Georgia since June 1, 1992.

Comments

Elizabeth Fayette Reply

Posted Mar 21, 2020 at 21:49:40

Regarding PC to run tags… if officer runs tag and has no current wants/warrants, etc but registered owner does have a criminal past, can they pull you over, request search and for driver to do field sobriety when there is no drug/alcohol use of any type.

Sean A. Black Reply

Posted Mar 23, 2020 at 06:16:00

This becomes a test of how experienced and smart the law enforcement officer is in crafting his report and/or testimony.

The basic check by radio does not really go into the details you describe. My understanding is that with laptops, they may be able to access more information.

Let us assume that the officer sees no vehicle or license issues and no arrest warrants and no active probation or parole supervision, etc., but does see that the person had a drug case or cases years ago.

If they observe no traffic violation, then it would be inappropriate for them to stop the driver. It would be an unreasonable search and seizure.

The reality, though, is that the officer is not going to testify that he or she saw no violation. The officer is going to say you were going too fast for conditions, that you weaved within your lane, that your tire touched the fog line or the yellow line, that your license plate frame kept him from seeing your county decal or year decal, that one of your tag lights was burned out, etc. There are literally hundreds of justifications that the officer can make to pull someone over.

Unfortunately, most trial court judges do not want to call BS on this kind of thing.

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