California Court of Appeal

Defendant's conviction of one count of driving with a measurable blood alcohol level of 0.08 percent or greater, and sentence of two years in local custody is affirmed, where the trial court correctly denied defendant's motion to suppress because: 1) when a vehicle is already stopped, without police action, merely activating emergency lights on a police vehicle, without more, does not constitute a seizure within the Fourth Amendment; 2) the trial court properly decided the officer had reasonable suspicion to detain defendant; and 3) the trial court correctly concluded that in any event, defendant was already stopped before the deputy attempted to contact him.

Appellate Information

• Decided 05/14/2014
• Published 05/14/2014

Judges

• HUFFMAN

Court

• California Court of Appeal

Counsel