What is the test for detention of a vehicle under section 26708 of the California Vehicle Code when a police officer stopped a motor vehicle with hanging beads attached to the driver's windshield?

California, United States of America


The following excerpt is from People v. Woody, A130848 (Cal. App. 2012):

The detention of defendant's vehicle was based on a perceived violation of section 26708, which provides in subdivision (a)(2) that a "person shall not drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle that obstructs or reduces the driver's clear view through the windshield or side windows." In evaluating a detention undertaken pursuant to section 26708, the issue is "whether it was objectively reasonable" for the officer to believe the hanging beads "obstructed or reduced" defendant's "clear view through the windshield so as to constitute a possible violation of the Vehicle Code." (People v. White (2003) 107 Cal.App.4th 636, 642 (White))

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