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PEOPLE v. McKAY

No. S091421.

117 Cal.Rptr.2d 236 (2002)

27 Cal.4th 601

41 P.3d 59

The PEOPLE, Plaintiff and Respondent, v. Conrad Richard McKAY, Defendant and Appellant.

Supreme Court of California.

March 4, 2002.

Attorney(s) appearing for the Case

Richard L. Fitzer, Los Angeles, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Marc E. Turchin, Acting Assistant Attorney General, Carol Wendelin Pollack and Pamela C. Hamanaka, Assistant Attorneys General, Jaime L. Fuster, Steven D. Matthews and Thomas C. Hsieh, Deputy Attorneys General, for Plaintiff and Respondent.

BAXTER, J.

California has, in various statutes, limited the circumstances in which a peace officer may effect a custodial arrest for minor offenses. (E.g., Pen.Code, §§ 818, 827.1, 853.5, 853.6; Pub. Resources Code, § 5786.17; Veh.Code, §§ 40302, 40302.5, 40303, 40303.5, 40304, 40305, 40305.5.) California also has, by the passage of Proposition 8 in 1982, limited the circumstances in which a trial court may exclude relevant evidence as a sanction...

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