The Legalities of a Traffic Stop- What Does An Officer See After Running Your Plates

How many of you have wondered if a Police Officer could run your license plate and see if you have a suspended license? Well I am here to inform that they can. Although I am sure you may have heard different answers but the fact of the matter is Police Officers have a lot of resources available to them with the introduction of computers in their vehicles.

When an officer inputs a vehicle license plate into his system in essence it returns the vehicles “criminal record” and the name of the registered owner (R.O.).  If a vehicle has been reported stolen, or has been involved in a hit and run then these things would show up under the “hits and misses” section of the report the officer receives, hence the “criminal record” of the vehicle.

Running the name of the R.O. doesn't necessarily mean it could be you. What I mean by this is if you have a common name then chances are the officer may not get YOUR information. Let’s say for example your name is John Smith. When the officer attempts to run a wants and warrants check (10-27) on the name John Smith, dispatch will most likely inform the officer that there are over 50 John Smiths in the area. Unless the dispatch officer took the time to cycle through the 50 John Smiths in the area to match the name and address of the vehicles registered owner, then chances are nothing will happen to you. Now let’s say for instance the officer randomly picks one of the John Smiths out of the list and that name comes back as having a suspended license.  I know you’re thinking this is not fair nor could it be legal. However, this is where I am going to inform you of your civil rights. The officer will pull you over based on his probable cause to investigate the unlicensed driver John Smith. Now if the John Smith he in fact chose happens to be you then unfortunately you will be in trouble. However, if the John Smith he chose was in fact NOT you, but YOU did have a suspended license then the officer cannot cite you, arrest you, or tow your vehicle because his probable cause to investigate no longer exists. The reason it no longer exists is because it is the wrong person. His probable cause was based on the John Smith who lived on 35^th Ave. and you are John Smith who lives on Roosevelt St. therefore, his probable cause goes out the window. The officer, if operating within his legal duties, will let you go but will not let you continue to drive the vehicle. If he happens to see you again then he can pull you over and cite you based on his familiarity with you.

If you are driving on a suspended license I recommend you find other means of transportation. The penalties associated with this violation are severe in the state of Arizona and ultimately it’s not worth it. If you find yourself in this situation and you feel your civil rights have been violated contact a local Phoenix Criminal Lawyer immediately.