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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.