California Court of Appeal

Defendant's suppression of evidence motion was properly denied, because the decision to stop defendant was reasonable, where: 1) defendant was observed using his cellular telephone, while parked by the side of a road, to send a text message; 2) five minutes later, defendant was engaged in conduct an experienced police officer could reasonably believe involved texting while driving; and therefore 3) no Fourth Amendment violation occurred. However, the trial court is to determine defendant's ability to pay a drug program fee together with the penalties and surcharge in light of all of defendant's financial circumstances.

Appellate Information

• Decided 02/06/2013
• Published 02/06/2013

Judges

• TURNER

Court

• California Court of Appeal

Counsel