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People v. Faddler6/7/1982
ution to the perceived impasse that the officer should have arrested Faddler for failure to have a valid driver's license (Veh. Code, § 12500), "taken him down and booked him . . . under 12500, and he could have proved he had a driver's license later on." We are constrained to observe that the suggested "solution" involves a needlessly cumbersome procedure wasteful of time and resources merely to verify what defendant Faddler at all times asserted and the officer had no cause to disbelieve: that Faddler had a valid driver's license located in the glove compartment. Moreover a license in the glove compartment is in the "immediate possession" of the driver within the meaning of Vehicle Code section 12951, thus giving no cause for arrest or citation under that provision.
The constitutional provisions securing the right of privacy protect against unreasonable official conduct. We are satisfied that no constitutional rights are implicated by the type of minimal intrusion which occurred here, given its limited objective, legitimate purpose, and the exigent circumstances which practically prohibited the accomplishment of that purpose in any other way than was done.
The judgment is reversed.
Disposition
The judgment is reversed.
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