LITTLE ROCK, Ark. (AP) - An appeals court judge on Wednesday accused an Arkansas State Police trooper of racial profiling for pulling over a Hispanic driver because his car did not properly display his Arizona license plate.

The state Court of Appeals ordered a new hearing in the trial of Martin Hinojosa, who pleaded guilty to possession of marijuana with intent to deliver. The appeals court reversed a Pope County judge's decision not to suppress evidence from the traffic stop that led to his arrest.

Hinojosa was stopped by State Police Sgt. Kyle Drown, who said that Hinojosa's vehicle had an improperly displayed license plate because the state name was covered by a license-plate bracket. Judges ruled that the stop was improper because the vehicle's registration number was still visible.

Appeals Court Judge Wendell Griffen, in a concurring opinion, said the traffic stop and Hinojosa's arrest seemed to be based on racial profiling.

“Driving a vehicle that is registered in another state while being Hispanic is not a crime in Arkansas,” Griffen wrote. “There is certainly no legitimate reason for people with Spanish surnames from Arizona or anywhere else to be suspected of criminal activity merely because they operate automobiles on Arkansas highways, wherever the automobiles may be registered.”

The court said in its majority opinion that, even though Drown said the state name was not properly displayed on Hinojosa's tag, the state's nickname as the “Grand Canyon state” and a cactus were still visible on the plate. Drown testified that he had seen more than 100 Arizona license plates and that he recognized the plate as one from Arizona.

Judges also noted that Arkansas law only requires out-of-state plates to “conspicuously” display the vehicle's registration number.

“There were no facts or circumstances that would permit a person of reasonable caution to believe that an offense had been committed,” Judge Josephine Linker Hart wrote.

Arkansas State Police Spokesman Bill Sadler declined to comment on the ruling, but said that Hinojosa had never filed a racial profiling complaint since his January 2007 traffic stop.

Dina Tyler, spokeswoman for the Department of Correction, said Hinojosa is a Mexican national and that federal immigration officials have a detainer on him.

“That means when he is released from us, he's released to them,” she said.

Griffen's comments in the concurring opinion aren't the first time he's spoken out on issues regarding treatment of Hispanics. The appeals court judge last year announced he had joined the Arkansas Friendship Coalition, an effort by businesses, church leaders and activists to stop any state or local legislation targeting illegal immigration.

Griffen lost a bid for another term on the court in May when he was defeated by Rita Gruber in a nonpartisan race. The loss came after Griffen's high-profile battles with the Judicial Discipline and Disability Commission over the rights of judges to speak out.