When a police officer arrested defendant for a violation of section 21510 of the Virginia Criminal Code because he failed to produce identification upon request by the Attorney General, does the arrest violate the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Campbell, A138408 (Cal. App. 2014):

4. Because we conclude the officer had probable cause to arrest defendant for a violation of section 21510, we need not address the Attorney General's alternative argument, not presented below, that defendant's arrest did not violate the Fourth Amendment because he violated state law by running a red light and failing to produce identification upon request by the officer. (See, e.g., Virginia v. Moore (2008) 553 U.S. 164, 171 [stating that "when an officer has probable cause to believe a person committed even a minor crime in his presence, the balancing of private and public interests is not in doubt. The arrest is constitutionally reasonable."].)

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