Is D.W. W. W the right to search his sock during the search?

It is also immaterial whether under California law D.W. was subject to a custodial arrest for the suspected infraction. This point was established in People v. McKay (2002) 27 Cal.4th 601 (McKay). The defendant in McKay was arrested for riding a bicycle the wrong way on a residential street, and methamphetamine was found in his sock during a search incident to his arrest. The defendant moved to suppress, arguing that the search was not conducted incident to a lawful arrest because the officer did not comply with a Vehicle Code provision governing the arrest procedure for the infraction. The court concluded that "custodial arrests for fine-only offenses do not violate the Fourth Amendment and that compliance with state arrest procedures is not a component of the

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