People v. Carnesi

In People v. Carnesi (1971) 16 Cal.App.3d 863, the defendant was arrested under a Los Angeles ordinance which proscribed drinking alcoholic beverages upon any street, sidewalk or parkway, or any unlicensed public place. After arrest, four secobarbital capsules were found in his pocket. The defendant contended on appeal that the Los Angeles ordinance was unconstitutional. At the time of the arrest there had been no judicial holding regarding its constitutionality. The court held that this defense was not available to the defendant in the prosecution for dangerous drugs. The court held that the arrest would not be rendered invalid by a subsequent holding that the ordinance was unconstitutional where the officers reasonably relied, in good faith, upon the apparently valid ordinance. Therefore, the court held, the search made incident to the arrest was also valid.