Is a police officer's failure to verify the identity of a defendant's oral identification before arresting, handcuffing, searching and placing him in the back of the patrol car unreasonable?

California, United States of America


The following excerpt is from People v. McKay, 117 Cal.Rptr.2d 236, 27 Cal.4th 601, 41 P.3d 59 (Cal. 2002):

Here, defendant furnished his name and date of birth to the officer. Only after arresting, handcuffing, searching and placing defendant in the back of the patrol car did the officer even attempt to corroborate defendant's oral identification on the laptop computer mounted in his patrol car. As it turned out, defendant's oral identification was quite accurate. When the means are readily available, an officer's failure to at least attempt to corroborate the proffered oral identification before placing the offender in custodial arrest is unreasonable per se. (See State v. Satterwhite (1997) 123 Ohio App.3d 322, 704 N.E.2d 259, 261 [holding that officer's failure to even attempt to verify the defendant's identity before making an arrest under a cite-and-release statute was objectively unreasonable].)

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