Ohio DUI Law: Random Plate Checks
A driver has no reasonable expectation of privacy in a license plate number since it must be openly displayed under O.R.C. 4503.21. In State v. Bates, 1987 WL 15817 (Ohio Ct. App. 9th Dist. Medina County) (1987), the 9th District Court of Appeals held that information obtained by an officer who “runs your license plate” may provide reasonable suspicion” to justify a traffic stop. See also, Rocky River v. Saleh, 139 Ohio App.3d 313, 743 N. E. 2d 944 (8th Dist. Cuyahoga County 2000). The Bates Court held that although a random vehicle stop without reasonable suspicion of criminal activity is invalid a random computer check of a vehicle license plate is not. It further ruled that a mere scan of a computer information is not a “stop” because it does not interrupt the driver’s travel or restrain or detain the driver. An officer does not need to establish specific and articulable facts warranting suspicion of criminal behavior before checking the plate of a vehicle traveling on the public roadways. Rocky River v. Saleh, 139 Ohio App.3d 313, 743 N. E. 2d 944 (8th Dist. Cuyahoga County 2000). Other cases which are cited in support of Bates are State v. Moss, 2000 WL 202103 (Ohio App. 9th Dist. Summit County 2000); State v. Powell, 1993 WL 49024 (Ohio Ct. App. 5th Dist. Ashland County 1993); see also Ohio Driving Under the Influence Law, Weiler & Weiler, 2009-2010 ed., pp. 234-235.
Charles M. Rowland II, a Dayton DUI attorney, dedicates his practice to representing the accused drunk driver in Dayton and throughout the Miami Valley. He has worked hard to earn the very best credentials in his field and stand ready to represent you in you Dayton OVI case. Contact him today at (937) 318-1DUI or 1-888-ROWLAND or visit him at wwwDaytonDUI.com.
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