State v. Nguyen

196 P.3d 40, 223 Or. App. 286, 2008 Ore. App. LEXIS 1630
CourtCourt of Appeals of Oregon
DecidedOctober 29, 2008
DocketD062113T; A133428
StatusPublished
Cited by1 cases

This text of 196 P.3d 40 (State v. Nguyen) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Nguyen, 196 P.3d 40, 223 Or. App. 286, 2008 Ore. App. LEXIS 1630 (Or. Ct. App. 2008).

Opinion

*288 BREWER, C. J.

Defendant appeals a judgment convicting him of misdemeanor driving while suspended. ORS 811.182. Defendant was stopped for failure to display registration plates, ORS 803.540(1), after a police officer observed that defendant’s vehicle lacked a front registration plate. 1 Defendant contends that the trial court erred in denying his motion to suppress evidence acquired as a result of the stop on the ground that the officer lacked a reasonable belief that defendant had committed a traffic violation. We review for errors of law, ORS 138.220, and affirm.

The facts are not in dispute. On April 14, 2006, defendant was driving in his older model Jeep Cherokee. Officer Kangas, who was watching traffic from his motorcycle positioned on the shoulder of the road, saw defendant’s Jeep coming toward him and noticed that the Jeep did not have a registration plate on the front bumper. Kangas pursued defendant and stopped him, intending to cite him for failure to display a registration plate on the front of his vehicle as required by ORS 803.540(l)(b). As Kangas approached defendant, Kangas saw a registration plate propped up on the left side of the dashboard, inside the windshield. The edges of the plate had been bent to keep the plate from sliding forward or sideways on the dashboard. Kangas testified that he had been unable to see the registration plate before he stopped defendant and walked up beside the Jeep. Kangas asked for defendant’s driver’s license; defendant handed him an Oregon temporary license, which had expired. Kangas conducted a records check that revealed that defendant’s driving *289 privileges had been suspended. He then cited defendant for misdemeanor driving while suspended.

Before trial, defendant moved to suppress the evidence gathered by Kangas after the initial stop of his Jeep. Defendant argued that Kangas illegally extended the stop by continuing to investigate him for failure to display a registration plate after seeing the plate propped up behind the windshield. Seeing the plate so positioned, defendant argued, caused Kangas to lose whatever objective probable cause he had for stopping defendant for failing to display a registration plate.

Defendant called two witnesses who testified that they had seen the registration plate from varying distances while the Jeep was parked; defendant testified that he had bent the edges on his registration plate so that it would stand up behind the windshield, and “be visible.” Defendant argued that he had complied with ORS 803.540(l)(b) and ORS 803.540(l)(c), because the registration plate was on the “front” of his vehicle, and it was in “plain view.”

The trial court denied defendant’s motion. Defendant was convicted by the court of misdemeanor driving while suspended. The question on appeal is whether, in light of defendant’s placement of the registration plate behind the front windshield of his vehicle, Kangas had probable cause to stop and detain defendant for a violation of ORS 803.540(l)(b).

In order to stop and detain a person for a traffic violation, an officer must have probable cause to believe that the person committed a violation. ORS 810.410; State v. Matthews, 320 Or 398, 403, 884 P2d 1224 (1994). That means the officer must subjectively believe that a violation has occurred, and the belief must be objectively reasonable. State v. Miller, 345 Or 176, 186, 191 P3d 651 (2008). In order to satisfy the objective component, the facts that the officer perceives to exist must establish the elements of an offense, even if not the offense that the officer believed the defendant committed. State v. Chilson, 219 Or App 136, 139-40, 182 P3d 241, rev den, 344 Or 670 (2008). Although the facts as perceived by the officer must constitute the elements of an offense, in order to satisfy the objective component, an officer *290 need not eliminate the possibility that a defense or exception to the offense applies. State v. Isley, 182 Or App 186, 190-92, 48 P3d 179 (2002); State v. Bourget-Goddard, 164 Or App 573, 578, 993 P2d 814 (1999), rev den, 330 Or 331 (2000).

On appeal, defendant contends that the statutory requirement that a registration plate be displayed “on the front * * * of the vehicle” is satisfied when a driver displays the plate behind the windshield of his vehicle. Defendant argues that the plain text of the statute demonstrates that the “front of the vehicle” language “contemplates that a registration plate may be displayed in the windshield of a vehicle.” Defendant contends that reading the statute to require that a registration plate be positioned on the front bumper of a vehicle would impermissibly add to the text of the statute and would also render the statute unconstitutionally vague. The state replies that the text and context of ORS 803.540(l)(b) demonstrate that a registration plate must be positioned on the foremost part of the vehicle and that defendant’s placement of his plate inside the windshield of his vehicle did not satisfy that requirement.

So framed, the parties’ arguments present a question of statutory interpretation. See PGE v. Bureau of Labor and Industries, 317 Or 606, 859 P2d 1143 (1993). ORS 803.540(l)(b) provides that “[p]lates must be displayed on the front and rear of the vehicle if two plates are required.” Displayed on the front * * * of the vehicle” is a phrase made up of words of common usage to which we give their plain, natural, and ordinary meanings. “Display” is defined as “to exhibit conspicuously.” Webster’s Third New Int’l Dictionary 654 (unabridged ed 2002). “On,” as applicable here, is “used as a function word to indicate position over and in contact with that which supports from beneath.” Id. at 1574. “The” is “used as a function word before a noun to limit its application to that specified by the succeeding element in that sentence, esp. a subordinate clause, prepositional phrase or infinitive phrase.” Id. at 2369. “Front” is defined, in part, as “the fore or forward part.” Id. at 914.

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Related

State v. Stark
273 P.3d 941 (Court of Appeals of Oregon, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
196 P.3d 40, 223 Or. App. 286, 2008 Ore. App. LEXIS 1630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nguyen-orctapp-2008.