State v. Hughes

Under 803.540, the presence of single, dealer vehicle plate on the rear of a vehicle does not establish an objectively reasonable belief that a vehicle is being operated in violation of the law and fails to establish probable cause; when “no lawful basis” for a traffic stop exists, evidence collected must be suppressed.

 Defendant was convicted of driving with a suspended license. Defendant assigned error to the trial court’s denial of his motion to suppress the evidence collected during the stop. Defendant argued that the police’s “subjective probable cause was not reasonable” as the dealer plates were displayed properly. The state argues that defendant’s arguments were not preserved. ORS 803.540 “only requires dealer vehicles to display a single plate at the rear of a vehicle.”  The court reasoned that because the officer saw the dealer plate and confirmed the car was not stolen, the officer no longer possessed an objectively reasonable belief that a traffic infraction had occurred. Accordingly, the officer did not have probable cause to make the stop. Thus, the court held that the trial court erred when it denied Defendant’s motion to suppress because the officer lacked probable cause when he initiated the stop. Reversed and remanded.