Opinion

People v. Maher

  • 17 Cal. 3d 196
  • 130 Cal. Rptr. 508
  • 550 P.2d 1044
  • 1976 Cal. LEXIS 289
Court
California Supreme Court
Filed
Jun 21, 1976
Status
Published
Author
Richardson
On the bench
Mosk, Richardson, Clark
Cited by
33 cases
Authority
More cited than 5.6%

holding under state constitution that “a full body search incident to arrest is impermissible when the person is arrested for an offense for which he will merely be cited or released on bail”

How later courts described this case

  • holding under state constitution that “a full body search incident to arrest is impermissible when the person is arrested for an offense for which he will merely be cited or released on bail”
  • arrest for public intoxication

Written by the judges who cited it.

The opinion

RICHARDSON, J.

I concur, under the compulsion of People v. Longwill (1975) 14 Cal.3d 943 [ 123 Cal.Rptr. 297 , 538 P.2d 753 ]. Longwill, in reliance upon People v. Norman (1975) 14 Cal.3d 929 [ 123 Cal.Rptr. 109 , 538 P.2d 237 ], and People v. Brisendine (1975) 13 Cal.3d 528 [ 119 Cal.Rptr. 315 , 531 P.2d 1099 ], refused to follow clearly applicable precedents of the United States Supreme Court which would have permitted full body searches of all persons subjected to custodial arrest. As I expressed in a concurring opinion in Norman ( 14 Cal.3d at p. 940 ), and in a dissenting opinion in (People v. Disbrow (1976) 16 Cal.3d 101, 117, 118-121 [ 127 Cal.Rptr. 360 , 545 P.2d 272 ]), in the absence of some persuasive reason otherwise, I believe we should follow the decisions of the United States Supreme Court in its construction of federal constitutional provisions which are essentially identical to those of our state Constitution. *204 Assuming, however, the validity of the Longwill rule, I agree that the case is controlling here.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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