Burton
The People v. Burton
Opinion
Opinion
DISCUSSION
STANDARD OF REVIEW
The factual findings of the trial court are to be upheld if they are supported by „substantial evidence.‟ People v. Lebya (1981) 29 Cal. 3d 591, 596-597. People v Madrid (2008) 168 Cal.App. 4th 1050. A reviewing court takes a de novo approach to analyzing whether the trial
2 court selected the appropriate standard of law and applied the facts to the law correctly. People v. Williams (1988) 45 Cal. 3d 1268, 1301.
CALIFORNIA LAW
Vehicle Code Section 40300.5 allows officers to make a warrantless arrest of a suspected misdemeanant when the officer had reasonable cause to believe that a person has been driving under the influence of an alcoholic beverage when one of the following conditions has been met: (c) The person will not be apprehended unless immediately arrested; (d) The person may cause injury to himself or herself or damage property unless immediately arrested; (e) The person may destroy or conceal evidence of the crime unless immediately arrested. Vehicle Code Section 40300.5 expands the provisions of Penal Code Section 836(a)(1) which limits misdemeanor warrantless arrests to „public offense(s’) which the officer has probable cause to…