Legal Opinion
People v. Schofield
California Court of Appeal
Decided July 19, 2001No. B149435PublishedCited by 6 opinions
1Opinion of the Court
Opinion
YEGAN, Acting P. J.
Originally enacted in 1872, Penal Code section 836 codified the common law rule which generally precluded a peace officer from making a warrantless arrest for a misdemeanor not committed in the officer’s presence. At that time, of course, there were no automobiles and no “drunk drivers.” Then, an inebriated person either riding a horse or driving a wagon posed little danger to the public. Times have changed. Now, an inebriated person driving a motor vehicle poses a great danger to the public. Despite increasingly severe penalties for driving under the influence,…
2Cases cited20 opinions
- Carroll v. United StatesSupreme Court of the United States · 1925
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Welsh v. WisconsinSupreme Court of the United States · 1984
- Atwater v. City of Lago VistaSupreme Court of the United States · 2001
- People v. CahanCalifornia Supreme Court · 1955
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3Cited by6 opinions
- People v. ThompsonCalifornia Supreme Court · 2006
- Troppman v. ValverdeCalifornia Supreme Court · 2007
- People v. CampbellCalifornia Court of Appeal · 2003
- People v. DuranCalifornia Court of Appeal · 2004
- People v. ThompsonCalifornia Supreme Court · 2006
1 more not listed; retrieve them via the Exa API.