People v. McNeil

Opinion

POLLAK, J.

Defendant Chamaye McNeil was arrested for violating an Oakland ordinance that prohibits standing in a roadway in a manner that interferes with traffic. In a search incident to her arrest police found a significant quantity of cocaine base in defendant’s possession. She was charged with possession of the drug for sale. The trial court granted defendant’s motion to set aside the information, ruling that the Oakland ordinance used as the basis to arrest and search defendant was preempted by state law and void under settled precedents. The People appeal, contending that the…