In re D.M. CA5

FACTS

The Relevant Offense4 On October 30, 2011, City of Clovis Police Officer Jason Smoak stopped a car for speeding. Appellant was the driver and sole occupant of the car. After appellant admitted he did not have a driver’s license, the officer placed him under arrest for driving without a valid driver’s license. Shortly thereafter, while looking in the car “for information [regarding appellant’s] identity, records with the vehicle, insurance, registration,” Smoak found a prescription bottle from which the label had been removed. The bottle contained liquid codeine. The officer asked appellant if he had a prescription for the codeine, and appellant responded that he did not. At that point, appellant became “uncooperative,” i.e., “he began to tell [Smoak] that it wasn’t his, and he said [the officer] didn’t have anything on him.” Smoak arrested appellant for unlawful possession of codeine and placed him in the back of the patrol car. Smoak then drove appellant to the police station. As he started driving, appellant became “very loud” and “argumentative,” and “[h]e continued to yell and continued to be uncooperative” upon arrival at the station. Appellant said, “‘Fuck Clovis PD.…