Facts: DPS officer runs plate of a California tagged vehicle. Vehicle is a gray GMC passenger van. Officer mistakenly runs "2VDE662" as the plate instead of the actual plate "2VOE662". Plate comes back to 1965 Ford Van. Officer initiates traffic stop for ficticious plates. By the way, had the trooper run the correct plate, it would have matched the vehicle.

Driver can't find paperwork for van, acts nervous, is in possession of multiple packets of ephedrine. Trooper asks driver if there is anything illegal in the van. Driver admits to meth being in vehicle and tells the trooper where the drugs are located. Trooper finds 8 grams of meth.

Defense attorney has now filed a suppression motion. Is the mistake of fact by the officer going to lead to a suppression? Any cases on point?

Robert S. DuBoise

RENTERIA V. STATE
989 S.W.2d 114 (Tex.App.-San Antonio 1999)

discussion of reas suspicion for stop, wrong plate ran - footnote 4

the plate number was one of several factors. If the plate is all you had, don't now if this helps or not.

The officer had PC to believe that an offense had been committed - looks like a good stop. I had a case that could be similar a few years ago. Trooper stops vehicle for window tint violation, but vehicle is exempt / not covered by the statute (pre 1970 something, I think). Stop resulted in arrest for Poss. of Cont. Sub. Motion to suppress DENIED. State did not have to show an actual offense, only PC to believe an offense had been / was being committed. PLUS, the plate called in by the officer is VERY close, so the mistake is reasonable. I'm assuming the officer did not realize his error when approaching the vehicle.

Maybe Foster, 814 S.W.2d at 878 also provides a good analogy.