Wednesday, March 05, 2008

Improper Placement of Temporary Tag Under KS Law Supported Traffic Stop

U.S. v. Martinez, -- F.3d --, 2008 WL 554812 (10th Cir. 3/3/08) - The Tenth Circuit affirms the district court's denial of the defendant's motion to suppress based on a traffic stop involving an out-of-state temporary registration permit that was not displayed on the rear of the car, as required by Kansas law, though lawfully displayed under the issuing state's law. Defendant did not contest initial grounds for stop, but he argued the officer should have let him go once he produced a California permit attached to the front windshield as California law requires. Kansas law requires out-of-state drivers to move temporary tags from the front to the back as they pass through Kansas and the officer detained the defendant for a reasonable time to prepare a traffic citation. No constitutional issue re: infringement of the right to travel was developed.