Obstructed Tag Flashcards
what are the elements of an obstructed tag?
(1) vehicle, (2) on highway, road, or streets, and (3) identification marks be free from defacement and legible
What does Fla. Stat. § 316.605 state?
Every vehicle, at all times while driven, stopped, or parked upon any highways, roads, or streets of this state…that license plates be displayed in such a manner that all letters, numerals, printing, writing, and other identification marks upon the plates clear and distinct and free from defacement, mutilation, grease, and other obscuring matter so that they will be plainly visible and legible.
Does statute limits its application on private property?
The plain language of the statute limits its applications on highways, roads, or streets in the state of Florida, and is not violated if the offense occurs on private property.
What are the traffic jurisdiction in Fla? Fla. Stat. § 316.640(2)(a)(2009)?
the police have jurisdiction to enforce traffic laws on all streets and highways, wherever the public has the right to travel by motor vehicle.
According to Florida law what is Jurisdiction?
Jurisdiction to control traffic is vested as follows: counties shall have original jurisdiction over all streets and highways located within their boundaries….A county may exercise jurisdiction over any private road or roads, or over any limited access road or roads owned or controlled by a special district, located in the unincorporated area within its boundaries if the county and party or parties owning or controlling such road or roads provide, by written agreement approved by the governing body of the county, for county traffic control jurisdiction over the road or roads encompassed by such agreement. §§316.006(3) (a)-(b) Fla. Stat. (2009).
Do local authorities have the right to enforce traffic laws on private property?
Local authorities do not have the right to enforce Ch. 316, F. S., on residential property where the motoring public is not invited to travel, regardless of an invitation to said authorities. Op. Att’y Gen. Fla. 75-104 (1973).
What is a private road or driveway?
Private road or driveway is defined as any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. §316.003(33) Fla. Stat. (2009).
What is a street or highway?
Street or highway is the entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic. §§316.003(53)(a) Fla. Stat. (2009);
What does the 1996 Attorney General Opinion?
A municipal police officer or parking enforcement specialist does not have the authority under Chapter 316, Florida Statutes, to issue a traffic citation for vehicles parked on private residential property in violation of municipal ordinance since such property is not a thoroughfare or street upon which the public has a right to travel by motor vehicle. Op. Att’y Gen. Fla. 96-53 (1996).
What is the holding in Daly?
Florida traffic laws are codified into Chapter 316, Florida Statutes. Jurisdiction is limited in this section where streets are privately owned, such as a gated community. § 316.640(2)(a), Florida Statutes. For those areas that are privately owned, the laws under Chapter 316 may only be enforced where there is a written agreement between the owners of the property and the sheriff’s office. § 316.006(3)(b), Florida Statutes.
What are the facts of Daly?
In Daly v. State, 12 Fla. L. Weekly Supp. 1133 (Fla. 15th Cir. Ct. Sept. 14, 2005), Palm Beach County Sheriff’s Deputy Grindey responded pursuant to a dispatch request arising from an anonymous call about a reckless driver driving a pick up truck through people’s yards [not a road, street, highway]. Deputy Grindey came to the scene to investigate reckless driving. At the scene, Deputy Grindey observed the Appellant behind the wheel of his vehicle in a condition that the deputy determined to be that of an impaired person. Id.
What are the exceptions to enforce on private property?
(1) Written agreement or (2) DUI violations
What does a police officer need to stop a car?
As a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred. Id.
Why did the Officers lacked arguable and actual probable cause to stop and arrest Petithomme for an obstructed tag on private property.
Totality of Circumstances: Petithomme’s vehicle was parked within the curtilage of her home, not on a Florida street, road, or highway. The Officers drove by Petithomme’s residence once and allegedly saw the brake lights going on and off. The Officers circled around her home and saw an alleged obstructed tag on the vehicle on private property. The Officers never observed the vehicle operating on a Florida street, road, or highway. The Officers knew the suspicious vehicle they were investigating was a white dodge with two black males on the corner of 148th street and northwest 10th place as opposed to a single black female in a silver Nissan Altima parked on private property
What do you say about the Officers argument that brake lights flickering on and off on a car parked in the curtilage of a house meant that the car had just been driven on a public street or was about to be driven on a public street provided them the requisite authority
It is Unreasonable. For example, does the brake lights going on and off, mean Petithomme had committed or was about to commit a speeding violation on a public street. Brake lights going and off has no rational relationship to whether a vehicle has been driven, will be driven, in what manner a vehicle will be driven, or even if a vehicle is able to be driven. Furthermore, the Officers’ hunch is not limited in scope, i.e. Petithomme could have driven the vehicle in a week, month, year, or not at all. There are no facts to accurately predict if and when she will drive.
