People v. Howell CA5

FACTS

On August 26, 2010, at approximately 12:45 a.m., Police Officers Cowart and Syvongxay were on duty together in a marked patrol vehicle near Fruit Avenue and Kearney Boulevard, an area considered a “hot spot.” Cowart noticed a set of taillights “kind of disappearing through the neighborhood.” He noticed no other traffic. He attempted to follow the vehicle, just to see what it was doing, even though it had done nothing illegal yet. The vehicle kept turning onto various side streets and Cowart had trouble keeping up without driving excessively fast or dangerously, so he pulled off into some shadows and bushes. As he waited, a dark-colored sedan stopped nearby and

Pitchess v. Superior Court (1974) 11 Cal.3d 531; Evidence Code sections 1043 through 1045. All statutory references are to the Vehicle Code unless otherwise noted.

2 remained parked with its lights off. Cowart was not sure it was the same vehicle he had seen earlier. Shortly thereafter, the vehicle’s lights came back on and the vehicle signaled to make a left turn. Cowart turned on his headlights and came out of the shadows. Suddenly, the vehicle made a right turn while still signaling left. Cowart…