McNeil

Defendant Chamaye McNeil was arrested for violating an Oakland ordinance that prohibits standing in a roadway in a manner that interferes with traffic. In a search incident to her arrest police found a significant quantity of cocaine base in defendant’s possession. She was charged with possession of the drug for sale. The trial court granted defendant’s motion to set aside the information, ruling that the Oakland ordinance used as the basis to arrest and search defendant was preempted by state law and void under settled precedents. The People appeal, contending that the arresting officers proceeded in good faith based on a local ordinance they reasonably believed to be valid and enforceable. We affirm the order setting aside the information.

Background

On June 12, 2000, Police Officer Patrick Gonzales and his partner were patrolling late at night on 7th Avenue, a narrow residential street in Oakland. Officer Gonzales saw defendant standing in the street, approximately 9 feet from the nearest sidewalk and 20 feet from the comer of 7th Avenue and Foothill Boulevard. A car turning onto 7th Avenue from Foothill would have had to veer around defendant in order to pass.…