People v. Hubbard

In People v. Hubbard (1970) 9 Cal.App.3d 827, officers stopped a vehicle for a traffic violation, conducted a pat-search of the occupants on suspicion of concealed weapons, and in the process detected what seemed to be a plastic bag containing capsules in the pocket of the defendant. One of the officers asked the defendant if he had any pills in his pocket, and defendant responded, "They're reds. They belong to my mother." The Second District upheld the trial court's ruling that evidence of this statement was admissible, despite absence of Miranda warnings. The court observed that while a person who has been stopped for a traffic offense and is awaiting citation is technically an "arrested person," and is "not free to depart until he has satisfactorily identified himself and has signed the written promise to appear," the "detention which results is ordinarily brief, and the conditions of restraint are minimal." ( People v. Hubbard, supra, 9 Cal.App.3d at p. 833.)