Monroe

Defendant William Erik Monroe was the passenger in a car driven by another when he was arrested for possessing an open container of alcohol in a vehicle. When he was unable to produce "for examination" either a driver's license or "other satisfactory evidence of his identity," (Veh. Code, § 40302, subd. (a)), the arresting officer took him into custody. [1] A search of his person turned up rock cocaine, and he was charged with and convicted of possession of cocaine base for sale. (Health & Saf. Code, § 11351.5.) In this appeal, he argues the trial court erred by denying his motion to suppress the cocaine. His principal attack is on the officer's decision to take him into custody. He argues that either the statute required the officer to give him an adequate opportunity to provide "other" evidence of his identity, or that the statute is unconstitutionally vague if read to allow the officer to take him into custody under the circumstances of this case. We disagree. We find the statute implicitly grants an officer discretion to determine what "other" evidence of identity is sufficient when a traffic citee is unable to produce a driver's license or other…

Defendant William Erik Monroe was the passenger in a car driven by another when he was arrested for possessing an open container of alcohol in a vehicle. When he was unable to produce “for examination” either a driver’s license or “other satisfactory evidence of his identity,” (Veh. *1178 Code, § 40302, subd. (a)), the arresting officer took him into custody. 1 A search of his person turned up rock cocaine, and he was charged with and convicted of possession of cocaine base for sale. (Health & Saf. Code, § 11351.5.) In this appeal, he argues the trial court erred by denying his motion to suppress the cocaine. His principal attack is on the officer’s decision to take him into custody. He argues that either the statute required the officer to give him an adequate opportunity to provide “other” evidence of his identity, or that the statute is unconstitutionally vague if read to allow the officer to take him into custody under the circumstances of this case. We disagree. We find the statute implicitly grants an officer discretion to determine what “other" evidence of identity is sufficient when a traffic citee is unable to produce a driver’s license or other documentary…

I respectfully dissent. The majority interpret section 40302 of the Vehicle Code (all further undesignated references are to that code) in such a manner that a person cited for a simple traffic infraction may, at the election of the citing officer, be handcuffed and involuntarily transported to a distant booking station solely because he lacks what they call “presumptively satisfactory” written identification. This result is not only inconsistent with the intent behind the identification statute, but opens the door for arbitrary treatment under the guise of routine police procedure.

I

At the outset it is important to clarify what was said in the critical exchange between Officer Brown and Monroe. Brown stated that Monroe was still seated in the car when he asked him his name; Monroe gave the name “Erik Monroe.” According to Brown, within “five to ten seconds” of this initial contact he noticed a Big Gulp cup containing beer on the floorboard and smelled alcohol. Brown then testified: “I asked him if he had identification. [IQ Q. Was Mr. Monroe able to produce any identification to you? [f] A. Well, I also asked him to step from the vehicle. He complied. He stepped from the…