Thread: CA: Fed appeals court rules license plate check o.k.

A federal appeals court in San Francisco ruled today that a police officer's check of a license plate is not a search that would require a search warrant under the Fourth Amendment of the Constitution.

The 9th U.S. Circuit Court of Appeals said that "people do not have a subjective expectation of privacy in their license plates."

The court issued its ruling in the Oregon case of Ismael Diaz-Castaneda, an undocumented immigrant who was a passenger in a pickup truck stopped on a highway by a deputy sheriff in 2004.

After the deputy found from a license plate check that the truck owner's driving license was suspended, the deputy checked Diaz-Castaneda's identification as well.

Diaz-Castaneda was eventually indicted and convicted on charges of illegal re-entry into the United States after committing an aggravated felony and was sentenced to seven years in prison.

He claimed in his appeal that the license plate check that set off the investigation was an illegal search in violation of the Constitution.

But Circuit Judge Raymond Fisher wrote that license plates are in plain view and "are specifically intended to convey information about a vehicle to law enforcement authorities, among others."

http://cbs5.com/localwire/localfsnews/b ... s_bcn_html

The 9th U.S. Circuit Court of Appeals said that "people do not have a subjective expectation of privacy in their license plates."

Considering this is the 9th CCA I had to read this a few times, at first glance I didn't see the do not part. :P

Me two!! Calif. 9th circut this is a shock alright, I also keep reading it to see if I was missing something!!

Well, the 9th got it this time, wonders never cease eh?

He claimed in his appeal that the license plate check that set off the investigation was an illegal search in violation of the Constitution.

Yeah, he claimed it alright, right after an ambulance chasing immigration lawyer suggested it to him!

Are you guys certain? The 9th circuit getting it right??? I hope there isn't some "hidden agenda."

It is a little scary isn't it!!

I am so confused

He claimed in his appeal that the license plate check that set off the investigation was an illegal search in violation of the Constitution.

You have GOT to be kidding!! This is standard practice and one reason for having license plates. This has got to be the DUMBEST appeal I've ever heard. I can't believe they didn't laugh him outta court!! Wouldn't that make a driver's license check a violation also?????

The lawyer should be disbarred for ignorance!!!