RILEY, J.
On March 3, 2011, Police Officer Chad VanCamp (Officer VanCamp) of the Kokomo Police Department was traveling northbound on Apperson Way in Kokomo, Indiana, when he observed a white Cadillac traveling southbound. The Cadillac had its turn signal activated but continued through an intersection without turning. Officer VanCamp thought that the driver might be impaired, so he initiated a traffic stop.
. . . .
Indiana courts have never addressed the issue of whether driving through an intersection with an activated turn signal without turning or changing lanes is a traffic violation under Indiana law. Utilizing the rules of statutory construction, though, we conclude that it is not.
. . . .
I.C. § 9-21-8-25 provides that “[a] signal of intention to turn right or left shall be given continuously during not less than the last two hundred (200) feet traveled by a vehicle before turning or changing lanes. []” I.C. § 9-21-8-26 also provides that: “a person may not stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to a person who drives a vehicle immediately to the rear when there is opportunity to give a signal.” The trial court concluded that these provisions prohibited Killebrew’s use of his turn signal. We disagree. On their face, the provisions address the failure to use a turn signal, not the continued use of a turn signal. In addition, we have not found any other statutory language expressly prohibiting Killebrew’s use of his turn signal, and the State has not provided us with any. Accordingly, we conclude that the Legislature did not intend the use of a turn signal through an intersection to be a traffic violation.
. . . .
The issue of whether the continuous use of a turn signal without turning or switching lanes justifies a reasonable suspicion of impairment to support a traffic stop is an issue of first impression in Indiana. The McDonald court did discuss the issue of reasonable suspicion, but only whether the police officer’s belief that McDonald had committed a traffic violation was reasonable, not whether his use of a turn signal was a reasonable indication of impairment. However, in light of the importance of Fourth Amendment privacy protections, we conclude that Killebrew’s actions, absent other indications of impairment, did not provide a reasonable suspicion of impairment.
. . . .
Here, Officer VanCamp testified that he only observed Killebrew for a “short period of time”—three quarters of a block. (Tr. p. 9). During that short period of time, he did not notice any signs that Killebrew was impaired other than his use of his turn signal. In addition, while Officer VanCamp testified that the improper use of a turn signal could be a sign of impairment, he also testified that it is common for people who are not impaired to go through intersections with their turn signals activated. When Killebrew’s counsel asked, “Common for old people, too, have you seen them?” Officer Vancamp responded, “Absolutely. I’ve stopped them for it, too.” (Tr. p. 9).
Based on the totality of the evidence, we conclude that without any other indication of impairment, Officer VanCamp did not have a reasonable suspicion of lawbreaking to stop Killebrew after only observing him activate his turn signal for three quarters of a block. If we were to hold that an action equally common among unimpaired drivers could justify a traffic stop, that ruling would be ripe for abuse and would not strike a reasonable balance between the government’s legitimate interest in traffic safety and an individual’s reasonable expectation of privacy. Accordingly, we hold that while driving through an intersection with an activated turn signal might be a legitimate factor in creating a reasonable suspicion that a driver is impaired, such use of a turn signal alone is not sufficient.
. . . .
The State acknowledges that Indiana courts have only recognized the community caretaking function within the context of impounding vehicles but now argues that we should extend this exception to Fourth Amendment privacy protections, as Officer VanCamp was attempting to ensure the safety of the public by stopping a potentially impaired driver. We decline to do so.
BAILEY, J. and CRONE, J. concur.