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CHAPTER 7
SEARCH AND SEIZURE
§7:10 DETENTION AND ARREST
§7:11 Seizure of a Person
§7:11.1 Arrest vs. Detention, and Constitutional Requirements
§7:11.2 Detention vs. Consensual Contact
§7:11.2.1 Obtaining Identification May Transform
Consensual Encounter Into Detention
§7:11.3 Informing Arrestee of Reason for Arrest
§7:11.4 Cite and Release Without Booking
§7:11.5 Arrest for Infraction Is Lawful
§7:20 DETENTION ISSUESBASIS TO DETAIN
§7:20.1 Information From Other Officers Or Tipsters
§7:20.1.1 Tipsters and the Public Safety Exception
§7:20.1.1(a) Stale Information
§7:20.1.2 The Collective Knowledge Rule
§7:20.2 Prolonged Detention
§7:20.3 Officer Reliance on Wrong Statute
§7:20.4 Pretextual Stops Permissible
§7:20.5 Racial Profiling
§7:20.6 Slow Driving
§7:20.7 Weaving
§7:20.8 Cracked Windshield
§7:20.9 Tinted Windows
§7:20.10 Object Hanging From Rearview Mirror
§7:20.11 Flicking Ashes and Throwing Objects From Vehicle
§7:20.12 Defective or Inadequate Tail Lamps
§7:20.13 Failure to Use Turn Signal
§7:20.14 Failure to Turn Down Headlamp High Beams
§7:20.15 Failure to Yield for Pedestrian
§7:20.16 Missing or Illegible License Plate
§7:20.17 Temporary Registration Stickers
§7.20.18 Improper Motorcycle Helmet
§7.20.19 Seatbelts and Child Restraints
§7.20.20 Illegal U-Turn
§7:20.21 Stop Signs (Meaning of “At the Limit Line”)
§7:20.22 Exhibition of Speed
§7:20.23 Muffler Sound or Appearance
§7:20.24 Cell Phone Use or Texting While Driving
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California Drunk Driving Law 7-2
§7:20.25 Speed Traps
§7:20.26 Unmarked Police Car
§7:20.27 Belief That Driver Is Unlicensed Or Has Suspended License
§7:20.28 DUI Checkpoints and Other Roadblock Detention
§7:20.28.1 Constitutional and Statutory Authorization
§7:20.28.2 Compliance With “Certain Limitations”
§7:20.28.3 Detention for Avoiding the Roadblock
§7:20.28.4 Cones and Flare Patterns
§7:20.28.5 Non-Cooperation at Roadblock Stop
§7:20.28.6 Alcohol Detection Devices (P.B.T. & P.A.S.)
§7:20.28.7 DMV Hearing Issues
§7:20.28.8 Contrast With Administrative Search Roadblock
§7:20.28.9 Roadblock to Search for Witnesses of a Crime
§7:20.28.10 Motorcycle Only Checkpoints Prohibited
§7:20.29 Commercial Vehicle Stops Permitted
§7:20.30 Suspicion of Zero-Tolerance Violation
§7:20.31 Community Caretaking
§7:20.32 Past Criminal Offense
§7:20.33 Nervous and Evasive Behavior
§7:20.34 Violation of Local Ordinance
§7:20.35 Fish and Game Administrative Violations
§7:20.36 Agricultural Inspection Station
§7:20.37 International Border
§7:20.38 Roadside Pollution Inspection
§7:20.39 Erroneous Warrant
§7:20.40 Erroneous Belief About Out-of-State Registration
§7:20.41 Illegal Parking
§7:20.41.1 Not All VC Statutes Enforceable in Off-Street
Parking Facilities Unless Posted
§7:20.42 Mobile Data Terminal (MDT) DMV Record Search
§7:20.43 Highway, Non-Highway and Private Property Issues
§7:30 PROBABLE CAUSE TO ARREST
§7:31 Manner of Driving
§7:32 Behavior and Symptoms
§7:33 At Night and/or High Crime Area
§7:34 On a Motorcycle
§7:35 Arrest Without Field Sobriety Tests
§7:36 Rigid, Nervous, and Avoidance of Eye Contact
§7:37 Fatigue
§7:38 Probable Cause to Believe 0.08% or Higher
§7:40 ARRESTER’S PRESENCE REQUIREMENT, EXCEPTIONS, AND EFFECT
§7:41 “Driving” in Arrester’s Presence
§7:41.1 PC §836
§7:41.2 Circumstantial Evidence of Driving—Arrest Illegal, Conviction O.K.
§7:42 Combined Presence of Several Arresters
§7:42.1 Officers and Other Officers
§7:42.2 Officers and Private Citizens
§7:43 Arrest by Private Citizen
§7:44 VC §40300.5: Presence Exception
§7:44.1 “Traffic Accident” Exception
§7:44.2 “Obstructing a Roadway” Exception
§7:44.3 Additional Exceptions Added in 1996
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7-3 Search and Seizure
§7:44.3.1 Will Not Be Apprehended Unless Immediately Arrested
§7:44.3.2 May Cause Injury to Himself or Propert y
§7:44.3.3 May Destroy or Conceal Evidence
§7:44.4 VC §40300.6: Liberal Construction Should Be Limited
§7:45 Admission of Driving Doesn’t Create Presence
§7:46 Detention/Arrest for Attempted Drunk Driving, Public Intoxication or Unknown Crimes
§7:47 Juvenile Exception
§7:48 Arrest for Offense Made a Felony by Prior Conviction(s)
§7:49 Suppression of Evidence for Non-Presence Arrest?
§7:50 AUTHORITY AND JURISDICTION TO DETAIN AND ARREST
§7:51 Must Have State-Issued P.O.S.T. Certificate
§7:52 California Officer in California But Outside Employing Jurisdiction
§7:53 California Officer on Federal Property
§7:54 Out-of-State Officer in California
§7:55 Federal Officer in California But Out of Federal Jurisdiction
§7:56 State Officer in “Indian Country”
§7:57 Campus Officers
§7:57.1 Off Campus
§7:57.2 School Security Officers Are Public Officers
§7:58 Park Ranger Outside Open Space District’s Boundaries
§7:59 Fish and Game Warden
§7:59.1 Harbor Patrol Officer
§7:60 SEARCH ISSUES
§7:61 Request to Search
§7:61.1 Refusal to Consent to Requested Search
§7:62 Probation and Parole Searches In General
§7:62.1 Search Conditions For DUI Probationers
§7:63 Search Incident to Arrest in General
§7:64 Vehicle Search
§7:65 Hospital Emergency Room Contact
§7:66 Chemical Test Sample Without Warrant
§7:66.1 Blood Draw Without Warrant
§7:66.2 Breath Testing Without Warrant
§7:66.3 Urine Testing Without Warrant
§7:66.4 Exigent Circumstances Exception to Warrant Requirement
§7:66.5 Consent Exception to Warrant Requirement
§7:66.5(a) Express Consent
§7:66.5(b) Implied Consent
§7:66.5(b)(i) Implied Consent Law Under VC §§23612
§7:66.5(b)(ii) Implied Consent Law Under VC §23136 (Under 21)
§7:66.5(b)(iii) Implied Consent Law Under VC §§23154 (DUI Probation)
§7:66.5(b)(iv) No Implied Consent in Drunk Boating Cases
§7:66.5(b)(v) Force and Limitations of Implied Consent Statutes
§7:66.5(b)(v)(1) The Birchfield Conflict—What
Admonition Should Now Be Given?
§7:66.5(b)(v)(2) The Unconscious (or Stupor)
Defendant
§7:66.5(c) Advanced Written Consent-VC §13384
§7:66.6 Search Incident to Arrest For Chemical Testing
§7:66.6(a) PAS and Other Breath Sample Demands Prior To Arrest
§7:66.7 Arrest Not Required
§7:67 Place and Manner of Drawing Blood Must Be Medically Reasonable
