Padilla v. Meese
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
SPARKS, J.
In this case we first consider whether, for purposes of a misdemeanor arrest for drunk driving, a vehicle must be moved in the presence of the arresting officer in order for the offense to occur in his presence. We hold that the vehicle must be moved. We next consider whether the preventative actions taken by a state inspector at an agricultural inspection station against a drunk driver constituted a lawful citizen’s arrest. We hold that the inspector’s actions constituted a valid arrest even though he was confused about the technical requirements of a citizen’s arrest.
After…
2Cases cited22 opinions
- Mozzetti v. Superior CourtCalifornia Supreme Court · 1971
- People v. Superior CourtCalifornia Supreme Court · 1972
- Dyas v. Superior CourtCalifornia Supreme Court · 1974
- People v. MartinCalifornia Court of Appeal · 1964
- People v. SjostenCalifornia Court of Appeal · 1968
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3Cited by18 opinions
- Mercer v. Department of Motor VehiclesCalifornia Supreme Court · 1991
- Arpin v. Santa Clara Valley Transportation AgencyCourt of Appeals for the Ninth Circuit · 2001
- Meyers v. Redwood CityCourt of Appeals for the Ninth Circuit · 2005
- Alvarez-Machain v. United StatesCourt of Appeals for the Ninth Circuit · 2001
- People v. LivelyCalifornia Court of Appeal · 1992
13 more not listed; retrieve them via the Exa API.