I owned a vehicle, and the title was a lost title, so I was unable to register it, because of this, I simply used my old plates from a previous vehicle I owned. I was cited multiple time for false display of plates by the same officer, I then proceeded to try and find the title through the auction that sold the vehicle. Weeks later I was pulled over for the display of plates again, forced to wait for a k9 unit, and slapped with an OWI/DUI 2nd. Would a false display of plates give an officer reasonable cause for suspicion, and would a lawyer be able to reopen this case based on the recent ruling of the Supreme Court that forcing one to wait for a k9 unit is a violation of the 4th amendment?
I'm not sure you even get to the K9 search issue on your fact pattern. If I understand you correctly, you were operating an unregistered vehicle, falsely displaying a set of registration plates that did not belong on that vehicle, after having previously been cited weeks earlier and given clear notice that doing so was in violation of the traffic code. If the same officer saw you committing the same violations again, that is certainly a legitimate basis for a traffic stop. If the scope of that stop was expanded into a drunk driving investigation by objective factors observable to the officer once he stopped you, any delay while the officer investigated and ultimately arrested for an OWI that you subsequently plead to would seem to moot any issue related to the use of the K-9.
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There was recent Supreme Court case law on this question, I believe. You would realistically need an attorney to help you do the research and make the argument. Hire an attorney ASAP to help you.
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Perhaps I am misunderstanding the facts but don't see what any delay while waiting for a K9 unit has to do with getting charged with OWI 2nd. It sounds to me like the Officer did have probable cause to stop you for the plate violations. Once you were stopped, the Officer would have been in a position to interact with you re the plate violates and, concurrently, make associated casual observations as to any probable cause to suspect you were intoxicated, e.g., smell of alcohol on breath, bloodshot eyes, slurred speech If so, and such observations are what eventually led to Field Sobriety Testing, Breathalyzer and/or Blood Draw, and OWI charges, rather than any actual K9 sniff/search, I don't see how the length of the wait for a K9 unit is relevant.
Hire an attorney who specializes in OWI defense. Discuss the specific facts in more detail with such an attorney directly in a confidential setting.
Every time you drive a vehicle that has plates belonging to another vehicle, you are violating the law and may be pulled over. Technically, you could be pulled over multiple times on your way home from the first traffic stop if you insist upon driving the vehicle with the registration problem. It can be by the same officer or different officers. They could form a law enforcement relay. Until you fix the problem, you are subject to citation each time you drive it. Waiting for the K9 unit would only affect the items found in a subsequent search of your vehicle. If you (or your lawyer) did not file a motion challenging the search before, you have not preserved the issue for appeal. If you entered a guilty or no contest plea, you may have already waived any objection to an invalid search.
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First, you violated rule 1 for unlawful behavior. Commit one offense at a time. If you are going to drive with illegal plates, don't do it after you've been drinking.
The use of plates not issued for the vehicle is reason for a stop and an arrest. This is true even if the officer knows the reason you are violating the law and it is a good one.
I suspect that you were driving under the influence around bar time. Police will use any reason they can think of to stop vehicles at bar time.
You don't even get into the K9 issue unless you also received a drug charge. While you may be able to make a civil rights case out of it, it will not make any difference on an OWI charge.
You need an experienced OWI defense lawyer, there, now. I would recommend Karyn Missimer.
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