Illegal EvidenceProsecutions Under Code
Section § 40800
This section mandates that traffic officers focused mainly on enforcing traffic laws must wear a full, distinct uniform while on duty. Additionally, if these officers use a vehicle on duty, it must be a specific color set by the commissioner.
However, these requirements don't apply if the officers are assigned only to vehicle theft investigations, hit-and-run incidents, illegal street racing-related violations, or felony charges. These rules also don't apply when officers are serving warrants and not patrolling highways to enforce traffic laws.
Section § 40801
This law prohibits police officers or any person from using a speed trap to arrest or gather evidence against someone for breaking traffic laws. In other words, officers can't use a hidden speed measuring device to catch people speeding if they're going to use that evidence in court.
Section § 40802
This law defines what a "speed trap" is in California. It describes two types: one where a specific highway section is measured to time a vehicle traveling a known distance, and another where a speed limit isn't backed by recent engineering and traffic surveys but enforced using radar or similar devices, with exceptions for local streets and certain zones like school and senior zones.
If radar or laser is used to measure speed, police must have completed specific training and prove the equipment meets standards and is properly calibrated. The law also details when longer survey validity is allowed, up to 14 years, if no major changes have occurred in the road conditions.
Section § 40803
This law prevents the use of evidence from a speed trap in court when prosecuting someone for speeding on a highway. If radar or electronic devices are used to measure speed in such cases, the prosecution must prove that the evidence wasn't obtained through a speed trap. To do this, they need to show that a traffic and engineering survey has been conducted within the past five years or that the speeding happened on a local street or road, as defined in another section of the code.
Section § 40804
This law states that in cases involving speeding, an officer cannot testify if their information comes from a speed trap. Additionally, an officer is not allowed to testify if they arrested someone for speeding while not in a proper uniform or using a car not marked as a police vehicle. However, these rules do not apply if the officer is dealing with cases like vehicle theft or failure to stop after an accident, or is working on a felony investigation.
Section § 40805
This law states that if a court uses any evidence about vehicle speed that was obtained unlawfully or cannot be used according to specific rules, then the court cannot convict a person for that speeding violation.
Section § 40806
This law ensures that if someone pleads guilty to a traffic offense, the court can't use police or witnesses' reports against them unless the person is fully informed about the contents. The defendant must be given the chance to respond or present counter-evidence. If needed, the court should allow more time before sentencing to let the defendant prepare.
Section § 40807
This law states that records or testimony from hearings regarding actions taken by the DMV against a person's driving privileges cannot be used as evidence in criminal cases. However, there are exceptions. These records and testimony can be used if needed to enforce laws about driving without a valid license or when driving privileges are suspended or revoked. They can also be used if someone fails to disclose information required by law at the hearing, or if the records are needed to challenge a witness's credibility.
Section § 40808
This section clarifies that a specific part of the California Constitution doesn't cancel out the rules about evidence that are outlined in this article. Essentially, the constitutional provision must be interpreted in a way that keeps these evidence rules intact.