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Name: People v. Carmona
Case #: G043846
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/27/2011
Summary

A turn without signaling, when no other vehicle might be affected, is not a traffic violation which supports a traffic stop and a subsequent parole search. Carmona did not signal a turn and the patrol car, the only other vehicle on the road at the time, was not affected by the turn. After a traffic stop for the asserted violation of Vehicle Code section 22107, it was determined that Carmona was on parole. A parole search produced drugs which were the subject of a motion to suppress. Vehicle Code section 22107 requires a signal when a turn might affect other vehicles and could not be the basis for probable cause to stop the car. However, the prosecution presented an alternative violation that could have supported the traffic stop. Vehicle Code section 22108 requires that the signal be given continuously during the 100 feet before the turn and the trial court relied on section 22108. Here the denial of the motion to suppress was reversed. The two sections must be read together such that the duty to signal for 100 feet only arises in the event there is a duty to signal because the turn might affect other vehicles.