McKay

People v. McKay

Good Law
82 Cal. App. 4th 1279·98 Cal. Rptr. 2d 858
Court of Appeal of CaliforniaNovember 15, 2000B137511California3,004 words

Opinion

Opinion

In this appeal, Conrad McKay challenges the denial of his motion to suppress evidence obtained in a search incident to an arrest for a non-felony violation of the Vehicle Code (all statutory references are to this code unless otherwise indicated). He claims the officer's decision to take him into custody was improperly based on his failure to provide evidence of identification, since he provided oral information which was readily verifiable. We find no abuse of discretion in the officer's decision, and affirm the judgment.

At approximately 6 p.m. on June 19, 1999, Los Angeles County Sheriffs Deputy Valento observed appellant riding a bicycle in the wrong direction on a residential street. Deputy Valento initiated a traffic stop intending to issue a citation for this violation of section 21650.1. The deputy asked appellant for identification. Appellant gave his name and date of birth, but stated he did not have any written identification with him. Deputy Valento then took appellant into custody, in accordance with section 40302, based on his failure "to present his driver's license or other satisfactory evidence of his identity for examination."

During a search…

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