Turning Movements While Failing to Signal

• Traffic Stops and an Objectively Reasonable Mistake of Law
• Veh. Code § 22107 and the “Other Affected Vehicle” Requirement
• Veh. Code § 22108 and the Failure to Signal a Turning Movement

When an police officer’s justification for an illegal traffic stop is based on a reasonably objective mistake of law or fact, the resulting stop may be upheld despite the Fourth Amendment violation.  In order for V.C. § 22108’s signaling requirement to be effective, it must also be shown that there was another vehicle that might have been affected, as required by V.C. § 22107.  It is not reasonable for a law enforcement officer to believe that V.C. § 22107’s “other affected vehicle” requirement is met merely because one vehicle is behind a turning vehicle, at least in the absence of a possibility that the rear vehicle could move into the path of the turning vehicle. 

Rookie Vallejo Police Officer Laura Bellamy (with a whole one month on the police force), riding with her field training officer (“FTO”), observed defendant Andrew Holiman in his vehicle stopped at a stop sign.  Officer Bellamy was stopped at the same four-way stop sign intersection, on a cross street, and to defendant’s left.  Defendant made a left hand turn in front of Officer Bellamy, looking at her as he passed her patrol car, and then “quickly looked away as if to ....