Blog Post Addy
https://youtu.be/COBClFEQQJk
" Tags must be visible and legible at all times from any reasonable distance "
Now with reader technology vehicle plates are easily scanned to then bring up the alleged owners identifying information and possibly the drivers information.
Was your vehicle pulled over and you were detained...
Traffic Stop Recording
Interaction between officer and driver Jan 2020. Muscatine Iowa.
Listen closely to the law enforcement officer when he explains the first of two citations he is giving me.
" Failure to DISPLAY a front registration plate.. "
Failure to. Which means I failed at doing an action.
" to Display a front registration plate."
The front of the vehicle and not the rear or left side or right side of my vehicle but the front of my vehicle. Did not Display a registration plate. False. I did Display a Front license plate.
The code or law doesnt define that a registration plate has to be in a specific place but does have to be on the Front of the vehicle.
Other Iowa codes since 1921 says to " carry" a plate in the vehicle. Another Iowa code says The plate has to be 12 inches above the ground, and below 4 feet, in the front of the vehicle.
So in deciding where to put my registration plate I needed to understand to the best of my ability the automotive codes that would frame my deceision as to the place to mount my registration plate.
And take into consideration the location with in my front and dimensions stated in the iowa code and it must not be lose in the wind and secure so its not easily stolen and is apart of my vehicle.
Registration plate. Did I have one? Yes.
Front of the vehicle. Do I have one? Yes.
Display a front registration plate. Did I display a registration plate in the front and not rear or left side or right side of my vehicle? Yes I did.
Was it clearly displayed and visible in the front of the vehicle? Yes it was.
Listen closely to the law enforcement officer when he explains the first of two citations he is giving me.
" Failure to DISPLAY a front registration plate.. " Clearly I did not fail to do so. Fact is I did Display a registration plate in the front of my vehicle.
And I had the registration plate in ythe front, and above the 12 inches off the ground.
And I had the registration plate mounted in the front, of my vehicle and below the maximum allowable 4 foot height above the ground, in the front windsheild and securely in my vehicle.
The spirit of the law code is to have a way for vehicle owners and drivers to clearly have a display of numbers and leter on the rear and front of a vehicle, that would identify to law enforcement or emergency personnel, the identity of the owner, thou not neccassirly the drivers information. And this plate must be mounted fairly stationary, as to not blow around in the wind, and is easily readable if looked at from a short distance located in the front, (as well as rear of the vehicle. )
I simply did not fail.
And I ask that the ticket be dismissed and no court costs or fines be ordered against me to pay.
Thank you.
May 2009 -reflection, to Jan 2019 - same original identical license plate.
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Traffic Stop Recording
Interaction between officer and driver Jan 2020. Muscatine Iowa.
Listen closely to the law enforcement officer when he explains the first of two citations he is giving me.
" Failure to DISPLAY a front registration plate.. "
Failure to. Which means I failed at doing an action.
" to Display a front registration plate."
The front of the vehicle and not the rear or left side or right side of my vehicle but the front of my vehicle. Did not Display a registration plate. False. I did Display a Front license plate.
The code or law doesnt define that a registration plate has to be in a specific place but does have to be on the Front of the vehicle.
Other Iowa codes since 1921 says to " carry" a plate in the vehicle. Another Iowa code says The plate has to be 12 inches above the ground, and below 4 feet, in the front of the vehicle.
So in deciding where to put my registration plate I needed to understand to the best of my ability the automotive codes that would frame my deceision as to the place to mount my registration plate.
And take into consideration the location with in my front and dimensions stated in the iowa code and it must not be lose in the wind and secure so its not easily stolen and is apart of my vehicle.
Registration plate. Did I have one? Yes.
Front of the vehicle. Do I have one? Yes.
Display a front registration plate. Did I display a registration plate in the front and not rear or left side or right side of my vehicle? Yes I did.
Was it clearly displayed and visible in the front of the vehicle? Yes it was.
Listen closely to the law enforcement officer when he explains the first of two citations he is giving me.
" Failure to DISPLAY a front registration plate.. " Clearly I did not fail to do so. Fact is I did Display a registration plate in the front of my vehicle.
And I had the registration plate in ythe front, and above the 12 inches off the ground.
And I had the registration plate mounted in the front, of my vehicle and below the maximum allowable 4 foot height above the ground, in the front windsheild and securely in my vehicle.
The spirit of the law code is to have a way for vehicle owners and drivers to clearly have a display of numbers and leter on the rear and front of a vehicle, that would identify to law enforcement or emergency personnel, the identity of the owner, thou not neccassirly the drivers information. And this plate must be mounted fairly stationary, as to not blow around in the wind, and is easily readable if looked at from a short distance located in the front, (as well as rear of the vehicle. )
I simply did not fail.
And I ask that the ticket be dismissed and no court costs or fines be ordered against me to pay.
Thank you.
May 2009 -reflection, to Jan 2019 - same original identical license plate.
.
Jan 2020 - MY front broken airdam spoiler.
 Video screen capture - my 01 Chevy Blazer, reflection of my license plate in front windshield of my vehicle. Notice the YouTube publication date of 2009. |
The same vehicle I was driving when I was pulled over and detained by the law enforcement officer.
Owned by me since pre 2009.
Im parked then across the street from the MPD.
Top Photo -
My old front license plate for my suv completely undamaged.
My new license plate for my suv.
Jan 2020.
My suv today Jan 2020. WalMart parking lot.
My suv today Jan 2020. WalMart parking lot.
Fall 2019 - front air dam damaged by bumping curbs when parking. Thus spliting the front bumper airdam spoiler into 2. Knocking off the center cover by breaking the plastic attachment plugs.
Thus revealing where a plate may be mounted. Problem is that a plate mounted there, its not 12 inches off the ground required by Iowa CODE
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The detention of a driver, however brief, during the course of a routine traffic stop constitutes a seizure within the meaning of the Fourth Amendment. See United States v. Bradford, 423 F.3d 1149, 1156 (10th Cir.2005).
The standards by which we measure the legality of such stop and resulting detention under the Fourth Amendment are well established.
See Terry v. Ohio, 392 U.S. 1, 19-20, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Where the historical facts giving rise to the stop and detention are undisputed, the only question is one of law, namely, whether the stop and detention, considered in light of the totality of the circumstances, were " reasonable. "
Probable cause. If an officer can read your rear plates and can even scan it, then why did he pull you over ? And was it a lawful stop ?
Did the Officer believe you were involved in a crime? No
Did the Officer believe your vehicle had any lights or a light out ? No
Did the Officer believe you were operating the vehicle insanely ? No
Did the Officer believe you yielded or ran a stop light ? No
Did the Officer believe you were not wearing a Seat Belt ? No
Was this just a random stop by the Officer? Thats an illegal unlawful stop.
Did the Officer believe he could not read the rear license plate clearly? No
Did the Officer have any prior knowledge of your vehicle and or you before you were detained/arrested ? Ambush ?
When Did the officer first see the front license plate area of your vehicle ?
Did the officer ask you where your front license plate was ? Yes
Did you show the officer the front plate and where it was located in the vehicle at the front windshield clearly visible ? Yes
So once the officer looked at the plate was clearly displayed did he then say good bye and let you go on your way ? No
So once the officer looked at the plate was clearly displayed did he then say good bye and let you go on your way ? No
Was he parked in a near by area and saw the front of your vehicle as you left the parking lot ?
Was there more than one patrol car, and was it parked with him?
What was the reason he gave for pulling you over to begin with?
If he did clearly read the rear tags so did he violate " mistakes about the requirements of the Fourth Amendment violate the Fourth Amendment even when they are reasonable.” ones 4th Amendment rights ?
Turning to the Fourth Amendment itself, we read: “The right of the people to be secure in their persons, houses, papers, and effects, against " unreasonable searches and seizures, " shall not be violated " , and
" no Warrants shall issue, but upon probable cause,"
supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Since the officer pulling up behind you could visually and clearly see the plate mounted on the rear of the vehicle, what was the " probable cause " he felt he had to pull you over and detain/arrest you?
Reasonable suspicion dissipated once he was able to read the rear mounted license plate. Thus, Defendant's continued detention while the Officer examined the defendant's documents and prepared a ticket exceeded the scope of the stop's underlying justification.
In protecting citizens rights and “quiet enjoyment” of their property the Constitution protects a citizens rights
from State abuses.
" The body of a free man is not to be arrested, or imprisoned, or disseised, or outlawed, or exiled, or in any way ruined, nor is the king to go against him or send forcibly against him, except by judgment of his peers or by the law of the land. "
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He saw it in the front windsheild. He saw it when I pulled it out to show him. He saw me put it back in the window.
He then expressed I should drill holes in my car. Iowa law doesnt require I modify my vehicle to mount a license plate in a place that an officer decides it should be located.
Iowa Law clearly says your vehicle must be registered and have an identifying plate displayed.
Iowa Code : Section 321.98 - Operation without registration
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The Iowa Code on displaying a front license plate.
Did the Officer not understand the 4th Amendment ?
That the 4th Amendment was not taken into consideration by the Law Enforcement Officer when you were pulled over ?
As the officer was clearly in error. It is clear from reviewing applicable
case law that the Officer had probable cause to pull over Mr Fread for
failing to have his license plate displayed in the standard FRONT bumper
area.
The question begs to ask the Court is whether upon observing the
license plate DISPLAYED in the FRONT window of Mr Freads vehicle the officer had any
further reason to question Mr Fread.
This is a question of first impression
I suspect in this Court and in many a jurisdiction, a split of authority
exists as to whether the officer can continue his investigation after
observing the license plate in the front window of the car upon approaching
the vehicle, as well after clearly seeing the license plate mounted on the rear of my vehicle.
case law that the Officer had probable cause to pull over Mr Fread for
failing to have his license plate displayed in the standard FRONT bumper
area.
The question begs to ask the Court is whether upon observing the
license plate DISPLAYED in the FRONT window of Mr Freads vehicle the officer had any
further reason to question Mr Fread.
This is a question of first impression
I suspect in this Court and in many a jurisdiction, a split of authority
exists as to whether the officer can continue his investigation after
observing the license plate in the front window of the car upon approaching
the vehicle, as well after clearly seeing the license plate mounted on the rear of my vehicle.
For over ten years and several law enforcement stops in Muscatine I have never been ticketed for having my plate in my front window of my vehicle. And I was told by the stopping officer its acceptable after I explained the factory built the vehicle with no place to mount the license plate.
PHOTO SCREEN SHOT EVIDENCE;
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See video below. The same vehicle 10+ yrs later that in Jan 2020 I was pulled over at about 11:57 pm while driving, headed to work, after picking up food from the gas station, at Park Avenue and Clay St in Muscatine, Iowa 52761, and given 2 citations. For which both citations should be dismissed by the court. |
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Top plate -
Top plate -
My old front license plate for my suv completely undamaged.
My new license plate for my suv.
Had I have known all these hidden issues would of arose I would of just bought a different model completely.
Ive had my 2001 SUV for 9+ years. No tickets in Muscatine ever with my license plate displayed in the front windsheild securely inside the vehicle. and I have been stopped a couple of times and never been told by an officer to be sure to "drill holes thus modify my vehicle and mount it on the bumper or grill. "
I know 1 gal whos case was dismissed In court here in Muscatine and never even paid court costs.she said. All because the front plastic cowl was coming off her old vehicle and had to take it off so it wouldn't drag on the ground.
Google search 2001 Blazer Extreme:
Iowa Code ;
321.38 Plates —
Every registration plate shall at all times be securely fastened in a
horizontal position to
the vehicle for which it is issued so as to prevent the plate from swinging
and at a height of
not less than twelve inches from the ground, measuring from the bottom of
the plate, in a
place and position to be clearly visible ......
So it doesnt flope around in the wind or get damaged like my lower bumper skirt has been damaged.
321.38 Plates —
Every registration plate shall at all times be securely fastened in a
horizontal position to
the vehicle for which it is issued so as to prevent the plate from swinging
and at a height of
not less than twelve inches from the ground, measuring from the bottom of
the plate, in a
place and position to be clearly visible ......
So it doesnt flope around in the wind or get damaged like my lower bumper skirt has been damaged.
The police officer stopped Mr Freads vehicle because police officer thought
he had a reasonable suspicion that Mr Fread had violated the motor vehicle
law. At the moment he stopped Mr Freads vehicle the police officer was
authorized to investigate that reasonable suspicion. Prior to questioning
Mr Fread, the police officer learned from his investigation that his
initial suspicion was unfounded and that no violation of the motor vehicle
law had occurred, because he saw the license plate in the front window, and
even asked Mr Fread where was the front license plate. Mr Fread grabbed the
plate and tried to hand it to the officer, which he declined and said it
needs to be attached to the front of the vehicle. The purpose of the
initial investigation thou having been satisfied, and in the absence of
other basis for detention or questioning of Mr Fread , the police
officer conduct
in requiring Mr Fread to produce information without either reasonable
suspicion or probable cause was unwarranted. The plate was displayed in an
upright position easily visible to on coming traffic or walking towards the
front of the vehicle. And the officer should of been satisfied the law was
not broken.
But he continued his questioning. Having made an alleged and presumed
lawful stop, the officer asked the defendant to show his documents for the
purposes of investigation and allegedly related to the stop.
But Upon seeing the license plate, the justification of any investigation
was vitiated. Plain and simple, the officer had no statutory authority to
proceed further. That authority ended with the officer's discovery that the
traffic infraction he was investigating had not actually occurred.
Mr Fread 4th Amendment rights were violated once the officer furthered his
questioning, even thou it was clear the plate was secure in an up right
position in a horizontal position and clearly visible thru the windshield.
And that the officer ran the plates prior to the stop and at the stop.
Consequently, where a police officer stops a motor vehicle which displays a
rear license plate, be it in the rear windshield similar to a dealers
temporary plate is affixed, and upon approaching the stopped vehicle
observes a front license plate is visible through the front windshield, the
driver of the vehicle may not be detained further or further detain the
driver to determine the validity of his driver's license, insurance card,
and registration.
I do Request that the case against Mr Fread to be dismissed as I would
affirm in order to stop further erosion of Mr Freads constitutional rights
and a grave governmental and unlawful abuse be bestowed and fall upon Mr
Fread.
I do agree voluntarily to pay court costs of $60.00 USD to the Clerk of
Court upon the court dismissing the citation and case against Mr Fread. And
no further actions be taken against Mr Fread.
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