SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

Violation of V.C. § 23109, relating to participating in a
speed contest or exhibition of speed.
Violation of V.C. §§ 14601, 14601.1, 14601.2, or 14601.5,
relating to driving on a suspended or revoked license.
When the person arrested has attempted to evade arrest.
Violation of V.C. § 23332, relating to persons upon
vehicular crossings.
Violation of V.C. § 2813, relating to the refusal to stop and
submit a vehicle to an inspection of its size, weight, and
equipment.
Violation of V.C. § 21461.5, relating to being found on a
freeway within 24 hours of being cited for same, and
refusing to leave when lawfully ordered to do so by a peace
officer after having been informed that he is subject to
arrest.
Violation of V.C. § 2800(a) relating to being found on a
bridge or overpass within 24 hours of being cited for same,
and refusing to leave when lawfully ordered to do so by a
peace officer pursuant to V.C. § 21962, after having been
informed that he is subject to arrest.
Violation of V.C. § 21200.5, relating to riding a bicycle
while under the influence of alcohol and/or drugs.
Violation of V.C. § 21221.5, relating to operating a
motorized scooter while under the influence of alcohol
and/or drugs.
V.C. § 12801.5(e): The Unlicensed Driver: “Notwithstanding
(V.C.) Section 40300 or any other provision of law, a peace officer
may not detain or arrest a person solely on the belief that the
person is an unlicensed driver, unless the officer has reasonable
cause to believe the person is under the age of 16 years.”
See Bingham v. City of Manhattan Beach (9 th Cir. 2003)
329 F.3 rd 723, amended and superseded on denial of
rehearing at 341 F.3 rd 939; arrest for driving with an
expired driver’s license, in contravention of this statute,
subjects the offending officer to federal civil liability:
Questionable authority after Virginia v. Moore (2008) 553
U.S. 164 [170 L.Ed.2 nd 559], holding that booking a
suspect for a non-bookable criminal violation is not a
Fourth Amendment violation. (See “Sanctions for
Violations,” above.)
V.C. § 40305: Non-Residents: A nonresident who is arrested for
any violation of the Vehicle Code and who fails to provide
© 2012 Robert C. Phillips. All rights reserved
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