(dissenting).
[¶ 20.] I dissent.
[¶ 21.] As the river flows through its bank, erosion occurs. As decisions like this are handed down, an individual’s constitutional rights are eroded away. By use of these objective tests, there is a potential for further abuse.
“[T]o eliminate any requirement that an officer be able to explain the reasons for his actions signals an abandonment of effective judicial supervision of this kind of seizure and leaves police discretion utterly without limits. Some citizens will be subjected to this minor indignity while others-perhaps those with more expensive cars, or different bumper stickers, or different-colored skin-may escape it entirely.”
State v. Chatton, 11 Ohio St.3d 59, 463 N.E.2d 1237, 1240 (1984) (quoting Pennsylvania v. Mimms, 434 U.S. 106, 122, 98 S.Ct. 330, 339, 54 L.Ed.2d 331, 344 (1977) (Stevens, J., dissenting)). The present case is another example of an open-door policy for police discretion.
[¶ 22.] This Court has often stated that, in reviewing the trial court’s findings of fact under the clearly erroneous standard, we will “ ‘determine whether the decision of the lower court lacks the support of substantial evidence, evolves from an erroneous view of the applicable law or whether, considering the entire record, we are left with a definite and firm conviction that a mistake has been made.’” State v. Durke, 1999 SD 39, ¶ 11, 593 N.W.2d 407, 409 (quoting State v. Baysinger, 470 N.W.2d 840, 843 (S.D.1991) (citing State v. Corder, 460 N.W.2d 733 (S.D.1990))). In addition, the trial court’s decision to suppress evidence will stand ‘“[u]nless such discretion is exercised to an end or purpose not justified by, and clearly against reason and evidence.’ ” Id. (quoting State v. Gesinger, 1997 SD 6, ¶8, 559 N.W.2d 549, 550 (citations omitted)).
[¶ 23.] It is clear from reviewing the record and the applicable case law that Officer Harrison had probable cause to pull over Vento for failing to have his license plate attached in the proper place, a violation of SDCL 32-5-98. The question before this Court is whether upon observing the license plate in the window of Vento’s vehicle the officers had any further reason to question Vento. This is a question of first impression in this Court. In other jurisdictions, a split of authority exists as to whether the officer can continue his investigation after observing the license plate in the window of the car upon approaching the vehicle. See People v. Redinger, 906 P.2d 81 (Colo.1995); United States v. McSwain, 29 F.3d 558 (10th Cir.1994); State v. Farley, 308 Or. 91, 775 P.2d 835 (1989); Chatton, 11 Ohio St.3d 59, 463 N.E.2d 1237 (1984). See also State v. Henderson, 291 Mont. 77, 966 P.2d 137, 141-42 (1998) (holding although the stop originated from a failure to display license plate or temporary sticker, based upon the facts, an escalating situation arose that gave the police officer further suspicion that enlarged the scope of his original investigation); State v. Hill, 606 A.2d 793, 795 (Me.1992) (finding that although officer’s reason justifying the original stop had dissipated upon seeing the truck’s license plate in the rear window, based upon the balancing of “State interest against the minimal further intrusion of asking Hill for [his license and registration] ... did not *473unreasonably intrude on HilTs fourth amendment rights”).
[¶ 24.] In Redinger, Redinger was pulled over by a police officer when the officer failed to see Redinger’s license plate or temporary sticker on the rear of Redinger’s vehicle. 906 P.2d at 82. As the officer approached the vehicle, he observed Redinger’s valid temporary registration plate displayed in the rear window of the car. Id. The officer proceeded to explain to Redinger why he pulled him over and requested Redinger’s drivers license, registration, and proof of insurance. Id. Upon presenting the drivers license, a small package of crystal methamphetamine fell from Redinger’s pocket. Id. In affirming the trial court’s suppression of the seized evidence, the court held:
In this case, Wise [the police officer] stopped Redinger’s vehicle because Wise had a reasonable suspicion that Redinger had violated the motor vehicle law. At the moment he stopped Redinger’s vehicle Wise was authorized to investigate that reasonable suspicion. Prior to questioning Redinger, Wise learned from his investigation that his initial suspicion was unfounded and that no violation of the motor vehicle law had occurred. The purpose of the initial investigation having been satisfied, and in the absence of other basis for detention or questioning of Redinger, Wise’s conduct in requiring Redinger to produce information without either reasonable suspicion or probable cause was unwarranted.
Id. at 86.
[¶25.] In McSwain, an officer stopped McSwain based upon a lack of either a front or rear license plate and an apparent illegible temporary registration sticker. 29 F.3d at 559-60. Upon approaching the vehicle, the officer observed the temporary registration sticker was from out-of-state and was not covered with reflective tape, but instead, utilized a new devise to prevent alteration of expiration dates. Id. The court held that once the officer saw a validly displayed registration certificate, the once valid purpose had been satisfied and any further detention of the vehicle to question McSwain or to request information was not warranted. Id. at 561.
[¶ 26.] In Chatton, a police officer pulled over Chatton after observing no front or rear license plates. 463 N.E.2d at 1237. Upon approaching the vehicle, the officer observed a temporary license on the rear deck below the rear window. Id. The officer subsequently requested Chatton to produce a valid drivers license which was found to be suspended. Id. In suppressing the evidence, the court found:
[O]nce the police officer herein observed the temporary tags, [Chatton] could no longer be reasonably suspected of operating an unlicensed or unregistered vehicle.
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Consequently, where a police officer stops a motor vehicle which displays neither front nor rear license plates, but upon approaching the stopped vehicle observes a temporary tag is visible through the rear windshield, the driver of the vehicle may not be detained further to determine the validity of his driver’s license absent some specific and articulable facts that the detention was reasonable.
Id.
[¶ 27.] Finally, in Farley, a state police officer stopped Farley for having no visible license plates, which was an apparent traffic violation. 775 F.2d at 836. The officer approached Farley’s vehicle and noticed a valid temporary vehicle permit posted on the windshield. Id. Despite seeing the permit, the officer continued his normal police routine and requested Farley produce his driver’s license which was found to be suspended. Id. In suppressing the suspended license evidence, the court found,
the officer lawfully stopped [Farley] “for the purpose of investigation reasonably related to the [apparent] traffic infrac*474tion” of operating a vehicle without license plates. Having made a lawful stop, however, the officer could ask defendant to show his driver[s] license only for the purposes of investigation reasonably related to the stop. Upon seeing the temporary permit, the justification of any investigation was vitiated. Plain and simple, the officer had no statutory authority' to proceed further. That authority ended with the officer’s discovery .that the traffic infraction he was investigating hád not actually occurred.
Id. at 836.
[¶ 28.] In the present case, Officer Harrison failed to observe a front license plate on Vento’s truck and had probable cause to pull him over for an apparent traffic infraction. Upon approaching Ven-to’s vehicle, the officer observed the license plate lying in the front windshield. At this moment, Harrison’s justification for any further investigation ended. The magistrate judge was present at the motion to suppress hearing and heard all of the testimony. Thereafter, the lower court considered the evidence, the case authority submitted by the parties, and the argument of the parties; then, correctly found no justification for the officer’s actions. I would affirm the lower courts holding in this case in order to stop further erosion of individual constitutional rights.