VC 40302(a) allows a peace officer to arrest a person who has committed a misdemeanor or infraction of the vehicle code into custody to verify their identity if they have no evidence of ID. This applies to driving offenses as well as bicycle or pedestrian offenses. Sometimes, bad guys will lie about who they are because they are wantedand this is a good tool. Also, there is case law that says if the driver is stopped for a lawful reason (Any punitive vehicle code section) and the driver has no ID or claims they have no ID, that is probable cause to search the vehicle for ID any place there may reasonably be ID. I do not remember the case law off the top of my head.
There used to be a law in California that in effect said people must carry ID in public. It mostly applied to merely being in public. The California Supreme Court struck it down. Driving a car is regulated by the vehicle code. VC 12951(a) says you have to have a DL in possession while driving. VC 12951(b) is a misdemeanor section that makes it arrestable to refuse to give your DL to a peace officer when lawfully stopped.
If you think you got caught in a speed trap, VC 40801-40808 prohibit a speed trap,defines a speed trap, and basically says all evidence derived from a speed trap is inadmissable. If you think you got caught in a speed trap, use that as a starting off point and do research on the internet.
Arizona vs Gant appplies only to searches incident to arrest from a vehicle.For example, an officer conducts a traffic stop for some violation. The officer runs the driver's info and finds an active warrant. The officer arrests the driver for the warrant. Prior to this decision, officers could then search the passenger compartment or any part of the car the driver could reasonably reach (wing span rule) for contraband. That rule no longer applies with this new case law.
However, the following vehicle searches are still permissable:
1) Probable Cause- The officer has probable cause to believe a vehicle contains contraband or evidence of a crime, and the vehicle is "readily mobile." Pennsylvaniav Labron, US v Ross.
2)Consent Searches "Always say no
." Ohio v Robinette
3)Probation and Parole Searches, when aware of parole status and probationer's search terms. People v Reyes, Samson v California
4)Vehicle Frisk for Weapons-During a lawful contact, with reasonable suspicion occupants are armes. Michigan v Long
5)Inventory Searches-When a vehicle is legally impounded to determine content and conditions. This must be done consisten with agency policy. Florida v Wells (This is the type of search done in this case. As long as the dep followed department policy, it is a good search. He had cause to tow it for VC 22651(h)-Driver Arrested.)
Good luck fighting your ticket.
