CALIFORNIA COURT UPHOLDS COP'S AUTO STOP BECAUSE AIR FRESHENER "OBSTRUCTED" THE DRIVER'S VIEW
This California criminal stop case goes in the "you've got to be kidding me" pile. People v. Colbert (6th District)
The driver in this case had a tree-shaped air freshener hanging from the rear view mirror of his car, not unlike those smelly "vanilla" trees the car wash tries to pawn off on me all the time after they wash my car.
A police officer saw the hanging object, concluded that it was obstructing defendant’s view through the front windshield in violation of California Vehicle Code §26708(a)(2), and stopped and detained defendant. The cop found a bunch of methadone pills.
The driver asserted, at a suppression motion, that the officer lacked an objective basis for concluding that the air freshener was obstructing his view through the front windshield.
The California Sixth District Court of Appeal concluded that the evidence in this case, unlike the evidence in People v. White (2003) 107 CA4th 636 (White), supported the magistrate’s finding that the officer had an objective basis for his belief that the air freshener was obstructing defendant’s view.
