Policy Text
Page 1 of 2 22/02 (New 8/15)
Enforcement of California’s Mandatory Helmet Law
The purpose of this Order is to g uide members of the Sacramento County Sheriff’s
Department regarding enforcement o f California’s Mandatory Helm et Law.
I. Policy
Members of the Sacram ento County Sheriff’ s Department will enfo rce California’s
Mandatory Helmet Law, currently c odified at California Vehicle Code 27800 et. Seq., in
accordance with the terms of the statutes and c ontrolling state and federal case law.
II. Law
A. A driver, and any passenger, s hall wear a safety helmet meet ing
requirements established pursuan t to California Vehicle Code Se ction
27802 when riding on a motorcycle , motor-driven cycle, or motor ized
bicycle.
B. It is unlawful to operate a mo torcycle, motor-driven cycle, or motorized
bicycle if the driver or any passe nger is not wearing a safety helmet as
required.
C. It is unlawful to ride as a passenger on a motorcycle, motor -driven cycle,
or motorized bicycle if the dr iver or any passenger is not wear ing a safety
helmet as required.
D. Reasonable suspicion is requi red to detain, and probable cau se is
required to arrest, a motoris t subject to the Mandatory Helmet Law.
III. Procedures
A. Reasonable Suspicion for a De tention. An officer may detain motorists or
passengers for suspected violati on of the Mandatory Helmet Law based
on specific, articulable facts which, together with objective a nd reasonable
inferences, form the basis for su specting that the particular p erson to be
detained is violating the Law. 1. An officer need not have a parti cularized suspicion that a
motorcyclist has actual knowledg e that his or her helmet does n ot
comply with the law if other objective evidence, such as the
Page 2 of 2 22/02 (New 8/15) appearance of the helmet, supports reasonable suspicion for an
investigatory stop.
B. Probable Cause for an Arrest. An officer may arrest or issu e a citation for
violation of the Mandat ory Helmet Law based on trustworthy info rmation
sufficient to warrant a prudent person in believing that the mo torist is in
violation of the Law.
1. Facts supporting probable cause may include failure to wear a
helmet of any kind.
2. In instances where a motoris t wears a non-conforming helmet, facts
must support probable cause of the motorist or passenger’s actu al
knowledge of the helmet's non-conformity and intent to wear suc h
helmet.
a. Facts supporting probable caus e of actual knowledge may
include, but are not limited to , admissions or prior warnings.
References: California Vehicl e Code §§ 27800-27803, Easyriders Freedom
F.I.G.H.T. v. Hannigan , 92 F.3d 1486 (9th Cir. 1996), Buhl v.
Hannigan , 16 Cal. App. 4th 1612 (1993), Bianco v. California
Highway Patrol , 24 Cal. App. 4th 1113 (1994).