Our client Michael was pulled over by an Evergreen Park Police Officer for an obstructed license plate. Michael was arrested and charged with driving on a revoked license, no proof of insurance, and an obstructed license plate.
We filed a Motion to Quash the Arrest arguing that the officer did not have the right to stop Michael.
During the hearing, the officer testified that Michael was stopped for an obstructed license plate but was not speeding nor was he having any issues staying within his lane. The officer explained that the numbers on the temporary plate were wearing off making the first couple numbers illegible. The officer further testified that he believed he had to walk right up to Michael’s car in order to read the plate number to call it in.
A body camera recording was played that showed the officer call the plate number in while he was still in his squad car before he walked up to Michael’s car. Therefore, the officer was able to read Michael’s plate number from inside his squad car.
During closing argument, we argued that the officer did not have reasonable articulable suspicion to stop Michael because he was able to clearly read the plate number from within the squad car, and therefore, the plate was free from obstruction.
The court agreed and granted the Motion to Quash the Arrest and all charges were dismissed.