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Drug bust
Thursday, August 28, 2008
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By MARSHA DORGAN
Register Staff Writer
Jose Corona Perez found himself with more headaches than just a traffic ticket when police pulled over the car he was driving on Lincoln and Soscol avenues on Tuesday night.

When the officer discovered Perez did not have a valid driver license, he searched the car and found two grams of a controlled substance in center console, police said.
Perez, 28, of Suisun, was arrested on suspicion of possession a controlled substance and not having a valid driver license.
40 comment(s)

Dwayne wrote on Aug 28, 2008 6:51 AM:

" Not having a valid driver's license (maybe expired?) is probable cause for a search...??? How does that work, legally...??? "

selim wrote on Aug 28, 2008 8:00 AM:

" Dwayne, "probable cause" is a very broad, generally defined concept in terms of police policy, that's why it's so important for people to know their fourth amendment rights. It's been a while since my last "police policy" class at university, but IIRC the officer only needs to draw a possible link between one illegal act (i.e. driving without a license) and the chance of additional illegal activity in the immediate area.

The NVR arcticle also doesn't mention whether the officer noticed anything out of the ordinary in Mr. Perez's behavior or environment; was there a lighter in plain view but no cigarette smell in the car? Was Perez jittery or did he change his story during questioning? There are a ton of tiny clues that the officer puts together in order to determine probable cause.

But the bottom line is, probable cause paid off: Perez had something he shouldn't have had and was driving when he shouldn't have been driving. Good job to the officer. "

Paddy wrote on Aug 28, 2008 8:03 AM:

" Outstanding! A perfect example of why these checkpoints are working so well. Yes Dwayne if you're driving a car you must have a valid license and proof of insurance. If you don't you're subject to search and seizure. Thank goodness! "

reason-ator wrote on Aug 28, 2008 9:20 AM:

" Dwayne,

When a driver is found without a driver's license:

1) the cop is allowed to search the car in case the driver is hiding the fact that he is someone who is wanted or has warrants.

2) unlicensed drivers can have their cars impounded, and the cops have to inventory the contents of the car before it is towed "

psychochik wrote on Aug 28, 2008 9:40 AM:

" Thats the thing with probable cause, it takes very little to give them PC to search your car. They can state they smell something and can search it, of course you are not required to consent unless youre on probation.

I've had my vehicle searched because they said they smelled pot, but after almost 45 minutes of standing around watching them tear my car apart they found nothing and sent me on my way. No ticket, no pot in my car, just 45 minutes wasted and a tore apart car.

So really, all they have to do is pull you over for exceding the speed limit by a mile an hour and "smell something" and they can search.

In this case however, the dude had a controlled substance in his car so I think that their PC was ok. "

mom_of_three wrote on Aug 28, 2008 9:54 AM:

" GOOD JOB! MORE DRUGS OFF THE STREET IS ALWAYS A GOOD THING! "

Dwayne wrote on Aug 28, 2008 10:11 AM:

" Well, I guess I'd better not forget my wallet in my other pair of pants...

I thought one of our basic freedoms protected us from the "show me your papers" mentality of Nazi Germany in WWII...

This case is fine and I'm all for getting drugs off the street, but being subject to search ans seizure based on the whim of the police places us all within the realm of a police state... "

raybo wrote on Aug 28, 2008 10:16 AM:

" If I get pulled over for a traffic citation and refuse permission to search, can I be arrested, thus enabling a search of my car and person? Just curious. "

db76 wrote on Aug 28, 2008 11:02 AM:

" If a cop asks for your permission to search your car, it means he doesn't have probable cause, otherwise he wouldn't need to ask. Just refuse to let him search. "

ADark1 wrote on Aug 28, 2008 11:22 AM:

" Yup! thats it! as well as obstruction of justice, interfering with a peace officer, failure to obey etc etc et al. Nice aint it!

Here's a new one...The Department of Justice is attempting to allow local police to spy on citizens even if they are NOT considered security threats etc, and can keep that info for up to ten years...NO PROBABLE CAUSE is NEEDED!

It gets better with PAT2 ( Patriotic Act II)

Look it up..it ought to send a chill down your spine. And btw? have a nice day! :) "

winghunter wrote on Aug 28, 2008 11:22 AM:

" Dwayne,
Hate to spoil your linking of Nazi Germany to Napa PD, but I did get pulled over with out my wallet. I ran to Val's one night for milk and did not have my wallet on me and I was speeding. I explained the lack of wallet to the officer and he just called in the tags and ran my name, got off with a warning on the wallet and a ticket for speeding. Again I hate to spoil your Hitler story but I felt I needed to point out the fact that the sky is not falling.

Love, Chicken Little "

Baraki wrote on Aug 28, 2008 11:25 AM:

" There had to be more to the police contact than is reported here. No license doesn't give the right to search a car -- the only associative crimes (mentioned by selim) I know of have to do with open containers of alcohol (if they find one, they can search to find more) and drugs (smell alone is not enough, but they can combine that with what they call objective symptoms like red/watery eyes, green tinge to the tongue, etc. etc. etc.).

There's all kinds of case law about that kind of stuff. It's interesting if you ever get bored enough to look into it.

They're allowed to search your person and the area around your seat if you say you don't have ID. If you present ID that is expired, they don't get to search for one that's valid. They can take you to jail and have you fingerprinted though -- not sure what the requirements are for that.

Psycho -- your comment that "In this case however, the dude had a controlled substance in his car so I think that their PC was ok" suggests that the ends justify the means. I hope their PC is okay whenever they search a car. I think I've only had mine torn apart once and that was cause I was stupid and offered to let them. :) Not that I had anything illegal. "

Dwayne wrote on Aug 28, 2008 11:57 AM:

" Thanks, Chicken Little......

I'll take my aluminum hat off now... Haaa.... "

MarshaMarsha wrote on Aug 28, 2008 12:03 PM:

" Let's not forget that police officers are professionally trained to suspect everyone, and to think the worst-case scenario in every situation. That is how they stay alive.

A real eye-opener is browsing the textbooks they use for the cadet courses at NVC. Have a free afternoon? Hit the NVC library and have a look, it will help you interact with officers on the street if you understand how they've been brainwashed. Informative reading, indeed. "

Msinformd wrote on Aug 28, 2008 12:25 PM:

" With our non-existant constitution, why not skip the search and waterboard you? "

kdbk wrote on Aug 28, 2008 12:38 PM:

" Once again, we have folks who like to try and simplify an issue to the extreme. In this instance, pady and selim, who think "all's well that ends well", and that's all there is to it.

Unfortunately, a lot of folks haven't read much about the founding fathers nor their attitudes about matters such as search-and-seizure. Those men were adamant about such things having lived under an oppressive regime that needed no probable cause whatsoever to search anything they wanted.

A lot of people in our society simply don't understand how the erosion of rights takes place over a long period of time. They can call us "chicken little" all they want, as long as they don't mind being called an "ostrich with its head in the sand". "

freeport56 wrote on Aug 28, 2008 1:27 PM:

" reason-ator -

Well done explanation. When you sign your drivers license paperwork you are agreeing to certain rules under California law. "

14obama wrote on Aug 28, 2008 1:34 PM:

" The third reich must be moving in ! "

freeport56 wrote on Aug 28, 2008 1:36 PM:

" Funny I carry a copy of the constitution with me everywhere. I even get to practice my 2nd Amendment right everyday.

Most of you have missed your California history over the last 30 years or so. Probable Cause can amount to anything the Officer can think up. We Californioans, mostly our legislators, have voted on numerous bills to enhance searches. No drivers license is a valid reason to search and they can go into trunks and glove compartments once PC is established.

Don't read the text books, read the law. It is much m,ore informative. "

comment wrote on Aug 28, 2008 1:56 PM:

" There was obviously a lot more going on than just a driver without a valid license. Any normal citizen wouldn't get their car searched if they were pulled over and didn't have a license because they would look and act normal. I doubt Mr. Perez was acting normal that evening and he raised the officers suspicions. "

ADark1 wrote on Aug 28, 2008 2:54 PM:

" Mark it down Freeport56,

I agree with you 100% You are correct and in this current war on terror climate, our rights shall erode even more!

I still gotta say tho, after they search my car and person its kinda fun to see in their eyes I am legal and will stay that way! "

shareathought wrote on Aug 28, 2008 2:58 PM:

" I've appreciated this discussion on the law.

It does seem that we have lost many rights not due to the need for security but rather because of fear.

Although I've had a few unusual encounters with officers, I try to keep in mind that they are only human and that respect goes a long way in spite of their training.

(otherwise, is the "...green tinge to the tongue..." an example of some drug use, illness or a bit of sarcasm?) "

Dwayne wrote on Aug 28, 2008 3:00 PM:

" So obtaining a driver's license trumps the Second Amendment....???

When did that happen...??? I must have blacked out... "

Don Honey wrote on Aug 28, 2008 3:24 PM:

" Yesterday, I released a three line synopsis of this arrest to the Register. They in turn wrote a story consisting of a total of three sentences. In responses to that story I have read references to Nazi's, waterboarding, the third reich, the 2nd ammendment, obstruction of justice and DUI checkpoints and a great deal of incorrect information about search and seizure. This driver gave his consent to search. It's as simple as that.

Don Honey Napa PD "

rozilla wrote on Aug 28, 2008 3:30 PM:

" Took me a minute to realize PC stands for probable cause, not political correctness! "

Shawana wrote on Aug 28, 2008 4:01 PM:

" I'm glad the Napa PD has more restraint than, say, our current administration which would love to waterboard you for smelling funny! "

MarshaMarsha wrote on Aug 28, 2008 4:16 PM:

" Thank you , Officer Honey, for clarifying the situation. Consent to search explains a lot. I hope you do realize that a lot of our comments are the results of jestful boredom. Stay safe. "

Dwayne wrote on Aug 28, 2008 4:36 PM:

" Thank you, Officer Honey.....

Sometimes it takes some over-the-top prodding to get to the meat of the situation....

Thanks for jumping in..... "

Winewoman wrote on Aug 28, 2008 7:40 PM:

" What a bunch of crackpot conspiracy theorists and police science 101 quasi-experts - and when a real live police officer posts, you're all "oh thank you, Mr. officer". You know, it's a slap in the face to those who have truly suffered under REAL oppression when you make the comparisons you have made to this story - and all from 3 little sentences! Guys, dude got pulled over, dude didn't have a license, dude had drugs, dude went to jail. I hope that no one reading these posts actually trusts the accuracy of your statements. You know, I usually enjoy blogging with you guys, but this time you've hit an all time low. "

Winewoman wrote on Aug 28, 2008 7:45 PM:

" ADark1 - I respect you very much. You have shared some of your prior experiences - having actually suffered oppression and discrimination personally. Please do not take offense to my prior statement - it was not directed at you. "

MarshaMarsha wrote on Aug 28, 2008 9:06 PM:

" WOW! Someone is on a terror! Latest bottle of Thunderbird go bad? Forgot to take sunglasses off when picking a pedicure color? Please lighten up.

Of course we thank Officer Honey, he didn't have to clarify anything, and it put a stop to the "conspiracy theories" about the search.

If you look at what's really happening here, it's just a bunch of ordinary nobodies voicing concern over the freedoms that make this country a very cool place to live. "

Winewoman wrote on Aug 28, 2008 9:29 PM:

" MarshaMarsha, C'mon- you can do better than that. You're usually pretty good at the quick quips. No points for originality tonight. "

comment wrote on Aug 28, 2008 10:36 PM:

" winewoman, there's only one person here who criticised the situation, so bunch all of us together. And to be fair to that person, the NVR didn't give us all the details. "

MarshaMarsha wrote on Aug 28, 2008 11:45 PM:

" I promised to be more civil through election time. And there was something else in there about staying on topic...

Actually, I was nearly laughing to tears thinking about you as a police officer filling out an arrest report... "dude got pulled over, dude didn't have license, dude had drugs, dude went to jail..."

Just the thought of Judge Kroyer's face while reading that police report in court has me rolling on the floor. "

msinformd wrote on Aug 29, 2008 7:01 AM:

" My sincerest apology to Officer Honey. Glad you're out there doing your job. As the conversation turned to search rights, I was commenting on the erosion of the constitution , not your character. I'm sorry. "

royrodgers wrote on Aug 29, 2008 1:12 PM:

" Remember to always secure your armor properly when travelling in a vehicle. The keystone troopers get mighty excited when your packing locked and loaded arms. Just a warning. "

kck wrote on Aug 29, 2008 5:05 PM:

" OMG I'M GOING TO PUKE. ARE YOU PEOPLE FOR REAL?
1) THEY DONT SEARCH BECAUSE OF A TRAFFIC CITE. That is; unless they observe, smell or believe you to be under the influence. MAYBE just MAYBE this fine upstanding citizen being detained was on probation and part of that probation order subjects the person be searched at any time. do know, wasnt there.
2)If you (forgot) your wallet; If they check DMV records and you show a valid license through DMV, your cited for "no license in possession. NO SEARCH
3) But if you do not, repeat, do not have a valid license then you will be cited, car imponded and an inventory will be done of your vehicle. WHY? Because you people would say, they stole something out of your vehicle if they didn't. Police Officers are all corrupt. Right? God I hope you never need a cop. Tell the officer that arrives"STOP! go away, I dont need you, I don't trust you. Really Pathetic! "

cellsitegod wrote on Aug 30, 2008 6:25 AM:

" People love to rant and rave about injustices when they read a story without all the facts (NVR's fault)
I love it when people refer to Nazi's and "police state"
Officers like Don Honey are out there dealing with "Habitual Law Breakers" every day. They deal with death, sadness despair and disregard for the laws we ask them to uphold.
Thats their job, so you "Rant and Ravers" don't have to.
These "Habitual Law Breakers" will lie, cheat, and do whatever it takes to get around the law.
Give these people like Officer Honey some appreciation and credit.
They keep their patience and sanity while everyday having to deal with a side of our society that we want to ignore or leave in their hands. "

Steelered wrote on Sep 2, 2008 9:47 AM:

" I have a few friends that happen to be Deputy's ... now it is my understanding that a vehicle can not be searched unless permission is given by the driver or if the driver is on formal probation or parole with a search and siezure clause...now if there is a felony in progress or proof that a felony has been commited they can arrest and then search the vehicle.. in this case as officer Honey has stated, this person gave consent to search .... thank god he did ....the more drugs off the streets mean less chance of my kids and everyone eles's kids being dragged into that world ... just my two cents "

jamespeter wrote on Sep 13, 2008 10:29 AM:

" I've appreciated this discussion on the law.Sometimes it takes some over-the-top prodding to get to the meat of the situation....

============================
jamespeter
california dui "

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