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There have been several debates in the office as to whether or not sufficient PC exist to stop a vehicle when an inquiry is conducted on a vehicle license plate and the return states "Not on file, not in RTS database". I found that this is sufficient PC, but would like to support my argument with case law. Does anyone know of any case law covering this issue? | ||
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Is it a criminal offense not to be in RTS (whatever that is)? If not, does the fact that a plate is not in RTS create suspicion that the plate is fake (which presumably is an offense)? These are the questions you need to ask yourself. | |||
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John,does it matter that the database is maintained by TXDOT and not by a law enforcement agency? | |||
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When I went thru TLETS full access communications operator (1995), we were advised that "not in RTS database" simply meant there was no info on the plate. 95% of the time dispatchers get that message because the info associated with that plate has simply not been entered into the database, NOT because they are fake. In other words, the county who issued the plate was behind on sending the info into the people who enter it OR there is a time gap from a car sale and the plates are being re-issued to the new buyer. I've had personal experience with my own plates showing "not in RTS database", but having purchased my car within 30 days of that entry. My plates were not fake, the system was behind! Hope that helps! | |||
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quote: I don't think so, it's more what the database is and what the absence of an entry means. Based on Melissa's response, mere absence in RTS may not be enough. | |||
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Many years ago when i was a little dispatcher that response came up some times. As years past and i became an officer it seems that the response "Not in RTS Database" (which means Registration and Title System Database)has began to appear on returns more and more often. I agree with Melissa on this issue. It mainly means that the information has not reached the Proper people who enter it. I am guessing that is in Austin. I suppose that a FAKE plate would show up the same why, but most of the time it is because there is a delay in the state getting the information from the Counties that supply it. We don't use that response "not in RTS database" as PC for a stop....I myself do not think that would be considered PC.....but a lawyer would be the one to say for certain i suppose. | |||
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