The Fourth Appellate District reversed a judgment and remanded. The court held that a driver’s failure to signal a right-hand turn did not provide a lawful basis for a traffic stop, in the absence of any showing that any other motorists was affected.
La Habra Police Officer Nick Wilson saw a vehicle make a right turn from one street onto another without using a turn signal. Wilson was about 55 feet away from the intersection, and headed in a different direction, when the vehicle made the turn. There were no other vehicles in the area. Wilson stopped the driver for failing to signal the turn. Wilson thereafter discovered controlled substances in the vehicle. Both the driver, Paul Carmona, and the passenger, Alice Holguin, were arrested and charged with various controlled substance offenses.
