State v. Garcia

I respectfully dissent.

I believe that State v. Bass, 609 So.2d 151 (Fla. 5th DCA 1992), controls this decision. Like the defendant in Bass, Rogelio Lazaro Garcia was stopped when the arresting officer testified that the expiration date of Garcia’s vehicle tag could not be seen as he approached from the rear.

Roy Swats, a Florida Highway Patrol officer for some 22 years, testified as follows:

A. I was sitting on the east shoulder facing south observing northbound traffic when this vehicle went by. As it went by, I looked in the rear view. Things we look for are tags and I did not see a tag down…