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Name: People v. Hardacre
Case #: H025867
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/22/2004
Subsequent History: Rev. den. 6/16/04

Vehicle Code sections 40803 and 40804, which exclude evidence obtained from speed traps from cases involving speeding violations, apply only to such prosecutions. The defendant was stopped for speeding and was found to be under the influence. The lower court found that the posted speed limit constituted a speed trap, meaning that the speed limit was not justified by an engineering traffic survey completed within five years of the alleged speed violation. Applying the speed trap exclusionary laws, the lower court excluded all evidence arising from the traffic stop, and the People appealed to the appellate department of the superior court. The appellate department reversed, and the Court of Appeal affirmed. Speed trap exclusionary laws apply only to proceedings involving speed violations. Further, the traffic stop was not unreasonable under the Fourth Amendment regardless of the finding that the speed limit constituted a speed trap under California law.