blank'/> Liberally Lean From The Land Of Dairy Queen: You Play Judge

3.24.2010

You Play Judge

A guy is charged with possession of a controlled substance after dope is found in his car after a traffic stop. The reason for the stop was that he had his front license plate behind his windshield. The statute the cop relied upon to make the stop says:
A person commits an offense if the person operates on a public highway . . . a passenger car or commercial motor vehicle that does not display two license plates, at the front and rear of the vehicle . . . .
The defendant files a Motion to Suppress before the trial judge asserting the State can't use the dope they found in the car against him if they did not have a legal reason to stop the car. That's a true statement of the law. But the question it, does having a license plate behind the windshield constitute having the plate at the "front . . . of the vehicle?" Sadly, as of now, the answer depends on whether you are before an appellate court in Austin (who says "no" and the guy goes free) or Amarillo (who says "yes" and the guy is now a convicted felon). If this happened in Wise County, the case goes to the Fort Worth Court of Appeals who gets to make their own decision.

43 comments:

Anonymous said...

i think its stupid that we have to have a plate in the front of the vehicle to begin with!! there are several cars that dont even come with brackets on the front of them. its just another stupid law to give cops another reason to pull u over and make money

Anonymous said...

It ought to depend on whether or not you had dope in the car.

Anonymous said...

it should depend on your ability to dodge bullets from a cop who should have the right to shoot first and ask about "da law" later, if cops were just given permission to shoot you for a moving violation there would be less crime and dope

Anonymous said...

We all know your rights end as soon as a cop pulls you over.

mzchief said...

Currently, 20 states only require and issue ONE vehicle license plate. Several major states require only one plate, including Florida , Georgia, Michigan, Pennsylvania and all states bordering Texas. It is insane that the officer stopped the driver for displaying the front license plate in the front window.

Just another instance of Big Government using any excuse to intrude in the lives of private citizens.

Anonymous said...

Didn't a bill pass in the last session that repealed the front plate requirement?

Anonymous said...

Front doesnt meant the windshield. means the front of the car. Maybe you should poll your legislators who voted on the law and ask them what front means.

Pretty simple.

Anonymous said...

Ridiculous law and even more ridiculous of the officer to wastet time on such trivial BS. hope the guy gets a pass.

Anonymous said...

Seriously, My car doesnt have a place for a front plate. Does that make me at risk?

Anonymous said...

I would think that as long as it is facing forward and clearly visible it should be legal. Even if not, why is that probable cause for search? Police are chickenshit liars and trick people into consenting to their illegal searches all the time. They use the "make it easier on yourself" threat to get you to lay down and give up your rights. They use lies and trickery to weasle their way right around the constitution everyday. They have to make themselves look like supercop and help fill up these prisons. It makes me sick!

Anonymous said...

I'm confused. Did this case happen in Wise County or not? And how did the judge rule?

David in Weatherford said...

Sadly you're focused on an obscure traffic law instead of the fact the moron had drugs in his possession. I guess it's all about priorities with Dims like you.

Oh... and commenter at 1:02 ... you're a chickenshit yourself for relying on an anonymous post. And consent is either given or it's not. If you're too stupid to identify the obvious of that fact, you probably want to make sure you leave your stash at home. If you want to see an example of lying and twisting the constitution, you only need look as far back as this weekend in Washington.

Anonymous said...

Don't have dope in your car and it won't matter if you have your license plate attached to your $@*sack or jammed up your rear. When they pull you over you can laugh when they search ya!

Anonymous said...

It would be interesting to see how many legislators in the great state of Texas own vehicles without a front plate.

I was also disappointed at the Appeals Court "rant" on the definition of the word "front". I thought I was listening to a replay of Slick Willie arguing over the definition of the word "is". I also noticed they left out "front windshield", which is how some people call the windshield.(google it, you'll get a lot hits on "front windshield")

If the law said the plate should be mounted on the "front BUMPER" of the vehicle, then I can see the point, but that is not how the law reads.

David in Weatherford said...

And here's something to think about for those of you who don't seem to understand what "front" means. The very first definition you'll find in the dictionary for that word says "the foremost part or surfance of anything". I realize that's probably a couple of big words for some of you so let me put it like this. If I told you to step to the front of a line....would that mean all the way front, or just somewhere along the line that someone could see you from up there? Or if I said, "wait for me in front of your house". Do you think I'd find you standing a couple of houses down? Nah... didn't think so either. Don't get me wrong, I think it's silly to require it and wasteful in the cost of implementing it. But to see knuckleheads here waste so much time arguing what "front" means really gives me the giggles.

Anonymous said...

The cops didn't just search him because of the license plate. It was probably the driver sho was staggering/slurring/red-eyed. Cheers to the cop for getting another offender off the road. Course, if BG defends him, I'm sure he's really innocent.

Anonymous said...

You have the right to bend over.If you give up this right, you will be bent over.

Anonymous said...

Sounds like the license plate law (if still in effect) is unconstitutionally vague.

Anonymous said...

Read Spence v. State, 296 S.W.3d 315 (Austin--2009). The Court does a great job of impugning the intelligence of the Austin CofA--for good reason. Any case that cites Hogan's Heroes can't be all bad.

Graboids unite.

Anonymous said...

i bet a big ol fat pearshaped woman driving a minivan with a christian music station bumper sticker never gets pulled over for no front license plate

Anonymous said...

David in Weatherford...

You used a big word I don't know. Can you define "surfance" for us?

And when standing in "front" of your house, are in immediately outside the "front" door, or in your "front" yard, or near the "front" walk, or are you by the curb near the street in "front" of your house?

Please don't show your "rear" in your response.

Anonymous said...

It's still ridiculous for the stupid cops to waste time and tax-payers' money on crap like this. Not only is the law stupid and trivial, but the pot should be legal anyway. Gets me really angry when cops are such bullies and retards!

Anonymous said...

Lol 2:16 Pure Gold
I bet 1:36 was a cop or is one..anyway if he wasnt he missed his callin!Thats the mentality of almost all cops they think they are smarter and above everyone else.But hey for the amount of money they work for it tells you otherwise.

Anonymous said...

Yep. Just let the guy go so he can sell dope to all of your kids.

Retards....

quinjames said...

the officer has stop the white guy without a front license so he can justify pulling over the illegal alien with a Mexican Flag front licenxe plate. We wouldn't want to profile anyone. I once got stopped for failing to display a front license as the mud continued to drop of the truck. I was told I needed to wash the plate off and keep it clean, My reply-- the nearest car wash is 60 miles, I'll get it done as soon as possible. True,just another reason to pull you over. Even worse is the law you can't have the word Texas obscured or covered jon the back of the vehicle. Obviously law enforcement is unable to recognize the drawing of the State of Texas in the middle of the license.

Anonymous said...

3:08 where are kids supposed to get dope if you don't let this guy go?

and if i knew who you were id kick your *ss for using that last word you wrote...

Anonymous said...

Simple, it depends on if the Cop has made his quota for the month.

David in Weatherford said...

2:16 ... you proved my point. Thanks. :)

Anonymous said...

I could've predicted the hypocritical do-gooders (as long as it's not their relatives) response on this one. Hang em high. huh?

Denney Crane said...

I'm glad he didn't have a dead 15 year old in his trunk... they might have to let him off!

Anonymous said...

David in Weatherford...

I see you took the "rear" option.

That was very predictable.

Next time you post, say something relevant.

mzchief said...

To David in Weatherford...
You would be AMAZED at the VAST difference between a Webster's definition and a LEGAL definition of the same simple word.

Anonymous said...

so let me get this straight..next time my kid says he wants to sit up front I'm supposed to put him where..?

Anonymous said...

He should of just shot the doper for being the cause of the all the killings in Mexico.The demand for idiots drugs is what fuels the problem.DAGO

Anonymous said...

Face it - the police use all of these superficial premises to stop us on the possibility that they can find another violation. That's their definition of "protect and serve" - to hassle minutia in hopes of something bigger.

RPM said...

I thought there was a bill to repeal the front plate requirement in the last session?

Anonymous said...

most cops just love f'n with people.

Anonymous said...

Well if you look at a license plate in a front windshield, most of the time it is obstructed by the windshield wipers. Go check it out yourself...

Anonymous said...

didn't care for the Nazi comment, huh?

Anonymous said...

I bought a used car and it only had a rear tag. Got stopped in Mansfield by DPS and was fined $150! I see sports cars everywhere, especially Corvettes, with no front tag. Don't understand why they don't stop EVERYONE!

Anonymous said...

Lets get real...do the math the more they pull you over for what ever reason the more chance of recovering more $$$$$$.And cops always pull you over from the rear and your tag sticker is on the windsheild??So the extra plate is so that some guy who is in prison will have something to do.Just another way to waste the tax dollar.Yay California is going to fully legalize mary jane for a personable amount and allow you to have a 25x25' garden, Way to go Arnold and the law makers there... you are truly for the majority of the people!Texas law makers need to grab a hold of thier ears and pull themselves into the 21 century.

Anonymous said...

Cops (Police Officers) dont think they are smarter....they know.... And another thing they know is that alot of laws are stupid and dont make sense but the fact is they are still laws and they must be abided by. So if you have a problem with the way Police Officers do their job either Go to police academy and do the job differently which most of you are to scared,lazy and dont have the passion to do. or contact your REP and get the laws changed.

Anonymous said...

hey 8:46, it seems you didn't like the term Cops, how about pig, that one better?