Sandra A. Binkowski was cited for driving while intoxicated (Veh. Code, § 23152, subd. (a)). She pled not guilty and brought a motion to suppress (Pen. Code, § 1538.5), contending incriminating evidence had been obtained in violation of her constitutional right to be free of unreasonable searches and seizures. (U.S. Const., 4th Amend.; Cal. Const, art. I, § 13; see also Mapp v. Ohio (1961)
San Bernardino Sheriff’s Deputy Alexander Pangbum testified he was on patrol
Testifying in her own behalf, appellant identified photographs of signs showing 40 miles per hour as the speed limit in the area where she was cited. She said she was driving 30 miles per hour. She testified she stopped at the limit line because she did not think her front bumper crossed the line. When the officer first approached, he told her she had been speeding and did not mention the limit line.
The court found the detention stop was justified and denied the suppression motion. Appellant pled guilty to reckless driving (Veh. Code, § 23203) and the Vehicle Code section 23152 charge was dismissed. She now appeals, contending the court erred in denying the motion to suppress.
DISCUSSION
On appeals taken from rulings on suppression motions, we defer to all trial court factual findings that are supported by substantial evidence. We then exercise independent judgment to determine whether, on the facts found, the search or seizure was reasonable under the Fourth Amendment. (People v. Leyba (1981)
“A defendant may move ... to suppress as evidence any tangible or intangible thing obtained as a result of a search or seizure on . . . the following grounds: [][] (A) The search or seizure without a warrant was unreasonable.” (Pen. Code, § 1538.5, subd. (a)(1)(A).) A temporary detention during a routine traffic stop, even if it occurs only for a brief period and for a limited purpose, is a “ ‘seizure of persons’ ” under the Fourth Amendment to the United States Constitution. (Whren v. United States (1996)517 U.S. 806 , 809 [135 L.Ed.2d 89 ,116 S.Ct. 1769 ].) Like any seizure, a traffic stop must be reasonable in light of all the circumstances, and will be found to be reasonable if the record contains objective evidence suggesting a traffic law has been violated. (Ibid.) The standard is not subjective. As long as the objective facts indicate the defendant may have violated some traffic law, it does not matter if the officer believed a different law was violated. (People v. Lloyd (1992)4 Cal.App.4th 724 , 733 [6 Cal.Rptr.2d 105 ].)
The court found the stop was justified by facts suggesting appellant had violated Vehicle Code
When evaluating statutory language, we consider the intent of the Legislature so as to effectuate the purpose of the law. (People v. Coronado (1995)
Vehicle Code section 22450 requires a driver to stop at a limit line if one is marked. If no limit line is marked, the driver must stop before entering the crosswalk on the near side of the intersection. If there is neither limit line nor crosswalk, the driver must stop at the entrance to the intersecting roadway. Thus, the apparent purpose of the statute is to require a vehicle to stop before it is in a position where it could impede or hit pedestrians who could be in a crosswalk, or cross-traffic that could be in an intersection.
In determining legislative intent, we first examine the words of the statute, applying their ordinary and commonsense meaning. (People v. Granderson (1998)
Our conclusion is bolstered by Vehicle Code section 22500, which states in pertinent part: “No person shall stop, park, or leave standing any vehicle whether attended or unattended, ... in any of the following places: ffl (a) Within an intersection, except adjacent to curbs as may be permitted by local ordinance, [f] (b) On a crosswalk . . . .” In light of the foregoing, we hold Vehicle Code section 22450’s language “stop at a limit line” mandates a full stop before any part of the vehicle crosses the limit line. The officer testified appellant’s vehicle did not come to a full stop until the front wheels crossed the line. This observation provided the officer with an objectively reasonable ground for a stop.
Appellant argues this ground was pretextual. However, the constitutional reasonableness of a traffic stop does not depend upon the motivations of the
DISPOSITION
The judgment is affirmed.
Notes
Davis, P. J., Cohn, J., and Ferguson, J.
Vehicle Code section 22450 states: “(a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection, or railroad grade crossing shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection. [|] If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway or railroad grade crossing.”
