Binkowski

THE COURT.

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) 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 .) Specifically, she argued she was subjected to an illegal traffic stop. A hearing on the motion was held on February 2, 2007.

San Bernardino Sheriffs Deputy Alexander Pangburn testified he was on patrol around 10:25 p.m. on June 23, 2006, when he noticed a white Toyota RAV4 traveling on 9th Street near Lion in Rancho Cucamonga. The vehicle appeared to be exceeding the speed limit, which he thought was 35 miles per hour. He saw the vehicle stop at 9th and Hellman, an intersection controlled by a stop sign. The front wheels had crossed the limit line, such that the vehicle straddled the line. Believing the driver had violated Vehicle Code section 22450 (requiring a stop at the limit line), the officer conducted a vehicle stop. [1] When he…