Copass

Here we consider the interaction between Vehicle Code sections 2800.1 and 2800.2. An officer must activate a red light when in pursuit of a traffic offender who attempts to flee. We conclude the officer may deactivate his red light during the period he momentarily loses sight of the offender.

Steven Allan Copass appeals a judgment following conviction of evading a police officer with a willful disregard for the safety of others (count 1), and driving with a suspended or revoked license (count 2), with findings that he served two prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). (§§ 2800.2, subd. (a), 14601.1, subd. (a).)

FACTS AND PROCEDURAL HISTORY

On February 16, 2008, California Highway Patrol Officer Chris Warren flew in a surveillance airplane over the Whitley Gardens area of Highway 46. The highway is a designated “safety corridor” due to the many roadway accidents and traffic deaths occurring there. Warren watched motorists for speed and other traffic law violations, and informed California Highway Patrol Officer Scott Koolman of the violators. Koolman patrolled the highway in a marked patrol vehicle.

That afternoon, Warren saw…