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State v. Castillo

The trial court did not clearly err in finding that an officer's testimony regarding the condition of a drive-out tag that provided the basis for a traffic stop 13 years earlier lacked credibility.

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Based on evidence collected during a traffic stop on May 14, 2000, Efrain Castillo was charged with driving while his license was suspended, having no proof of insurance, and committing second-degree forgery for presenting to the officer who stopped him a social security card that did not belong to him. Castillo filed a motion to suppress the evidence, challenging the legality of the stop. The state responded that the officer had reasonable suspicion that the vehicle—which had a dealer’s drive-out tag—was being driven in violation of state vehicle registration law. After a hearing, the trial court granted Castillo’s suppression motion. The state appeals. For reasons that follow, we affirm.

Investigative stops of vehicles are analogous to Terry1 stops and, therefore, must be justified by specific, articulable facts sufficient to give rise to a reasonable suspicion of criminal conduct. Operation of any vehicle required to be registered in the State of Georgia without a valid numbered license plate is a misdemeanor, except that, during the 30-day period within which vehicle registration is required, the purchaser of a new or used vehicle may operate the vehicle with a temporary plate issued by the dealer. At the time of the traffic stop in this case, Georgia law did not require the temporary plate to show its expiration date. Such a requirement was added by OCGA § 40-2-8 b 2 B i, effective July 1, 2000.2

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