In what circumstances will a court order a search of the pockets of an arrested person for possession of marijuana under section 849 (b)(2) of the Penal Code?

We do not believe that our views conflict with People v. Millard, 15 Cal.App.3d 759, 93 Cal.Rptr. 402. There the defendant had been arrested for being under the influence of liquor in a public place. (Pen.Code, 647, subd. (f).) The record contained no evidence that the arresting officer actually intended to take the defendant to the police station to be booked, or whether he intended to release him as permitted by section 849, subdivision (b)(2) of the Penal Code. A search of his pockets revealed a paper bag which contained a number of marijuana cigarettes. The People sought to sustain the search on the theory that a far more thorough search would have been permissible at the time of booking. The conviction was, however, reversed because the record did not show that the defendant would ever have been booked.