Sullivan

Defendant, who was charged with driving under the influence of alcohol (Veh. Code, § 23152), moved under Penal Code section 1538.5 to suppress evidence of his intoxication obtained after a police officer stopped his car for speeding. He contended that evidence of his speeding was derived from an illegal speed trap and was therefore inadmissible to establish probable cause for the stop. The municipal court denied the motion. Defendant appealed to the superior court appellate department, which reversed. Upon the People’s application, the superior court certified the case for transfer to this court. We ordered transfer.

We hold that Vehicle Code section 40803, subdivision (a), rendering evidence derived from a speed trap inadmissable, was abrogated by the Proposition 8 “Right to Truth-in-Evidence” provision contained in article I, section 28, subdivision (d), of the California Constitution. Accordingly, we affirm the municipal court’s order denying defendant’s motion to suppress evidence.

The Speed Trap Statutes

California first enacted laws prohibiting speed traps and providing remedies for their use in 1923. (Stats. 1923, ch. 266.) Upholding the constitutionality of the…