People v. Maher

Opinion

MOSK, J.

At noontime on August 13, 1973, Officer Shirah of the Los Angeles Police Department observed defendant alternately staggering along a downtown street and leaning against buildings for support. Noting defendant’s bloodshot eyes and the odor of alcohol, the officer concluded that defendant was inebriated and arrested him for the misdemeanor offense of public intoxication. (Pen. Code, § 647, subd. (f).) Officer Shirah called for a “B-wagon” to transport the defendant, and searched him before placing him in the vehicle. The officer first conducted a pat-down, but felt nothing…