Traffic Stop for Lacked of Front License Plate in California

In People v. Collier (2008) 166 Cal.App.4th 1374, officers conducted a traffic stop because the vehicle lacked a front license plate. (Id. at p. 1376.) One officer spoke to the driver while the other approached the front passenger seat, which was occupied by the defendant. Both officers smelled marijuana emanating from the vehicle. (Ibid.) The defendant was asked to step out of the car and asked if he had any weapons or illegal items on his person. The defendant, who was taller than the officer and wearing baggy shorts, answered no. The officer conducted a pat search and found a loaded handgun and a jar of PCP. (Id. at pp. 1376-1377.) Collier concluded: "The trial court correctly and reasonably ruled that there were specific and articulable facts to conduct a limited pat down based on officer safety and the presence of drugs. As the Fourth Circuit Court of Appeals has observed; 'guns often accompany drugs.' 'In connection with a lawful traffic stop of an automobile, when the officer has a reasonable suspicion that illegal drugs are in the vehicle, the officer may, in the absence of factors allaying his safety concerns, order the occupants out of the vehicle and pat them down briefly for weapons to ensure the officer's safety and the safety of others.' " (Id. at p. 1378.)