People v. Campbell CA3

DISCUSSION

Defendant contends that both searches of his car were unlawful because the traffic stop was “unreasonable, unsupported by substantial evidence, and Bakulich’s testimony was inherently improbable and physically impossible.” Not so. An officer can legally stop a motorist “if the facts and circumstances known to the officer support at least a reasonable suspicion that the driver has violated the Vehicle Code . . . .” (People v. Miranda (1993) 17 Cal.App.4th 917, 926.) Violations of the Vehicle Code are evaluated under an objective standard. (In re Justin K. (2002) 98 Cal.App.4th 695, 699.) Here, relying on his calibrated speedometer, Deputy Bakulich estimated that defendant was driving five miles over the speed limit, which was a violation of the Vehicle Code. (See Veh. Code, § 22348 [“a person shall not drive a vehicle upon a highway with a speed limit . . . at a speed greater than that speed limit”]; Veh. Code, § 360 [“ ‘Highway’ is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street”].) The court specifically found this part of the deputy’s testimony credible. Furthermore, it…