810-5-1-.229.01 Law Enforcement to Confiscate License Plates Reported As Lost or Stolen.

 

(1)     In the event a license plate is lost or stolen, the vehicle owner, in applying for a replacement license plate as provided under Code of Ala. 1975, §40-12-265, shall complete an "Application for Replacement Motor Vehicle Tag and/or Decals" (Form #MVR 40-12-265-1).

 

(2)     County license plate issuing officials shall submit signed application form to the Department of Revenue's Motor Vehicle Division for processing.

 

(3)     The Department of Revenue will data entry the information regarding the lost or stolen license plates and/or revalidation decals. The information will be available for inquiry by law enforcement agencies.

 

(4)     Should any law enforcement officer locate a license plate or decal previously reported as having been lost or stolen, and such license plate and/or decal is attached to or is being displayed on a different motor vehicle than the vehicle for which the plate or decal was issued, said officer shall confiscate said license plate and/or decal to the Department of Revenue's Motor Vehicle Division.

 

(5)     Any law enforcement officer discovering a license plate and/or decal which had previously been reported as lost or stolen which is attached to or being displayed on a motor vehicle, has probable cause to believe a crime has been committed, and therefore is presumed to have the authority to confiscate the license plate and/or decal as evidence of a crime. Said law enforcement officer shall retain custody of the license plate and/or decal pending judicial determination as to the true ownership of the said license plate and/or decal. Once the true ownership of the license plate and/or decal has been determined by a court of competent jurisdiction, the law enforcement officer shall dispose of the license plate and/or decal in the manner prescribed by the court.

Author: Johnny L. Newman

Statutory Authority: Code of Ala. 1975, §40-2-11.

History: Filed June 29, 1989; November 16, 1989.