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PEOPLE v. SCHOFIELD

No. B149435.

109 Cal.Rptr.2d 429 (2001)

90 Cal.App.4th 968

The PEOPLE, Plaintiff and Respondent, v. Creighton O'Dell SCHOFIELD, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

July 19, 2001.

Attorney(s) appearing for the Case

Robert B. Lilley, Atascadero, for Appellant.

Gerald T. Shea, District Attorney, County of San Luis Obispo and Curtis A. Rankin, Deputy District Attorney, for Respondent.

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Originally enacted in 1872, Penal Code section 836 codified the common law rule which generally precluded a peace officer from making a warrantless arrest for a misdemeanor not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...

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