People v. McNeil

In People v. McNeil (2002) 96 Cal. App. 4th 1302 ,defendant was arrested for violating a local ordinance and was searched incident to her arrest. The court found that the local ordinance had been preempted decades earlier by a conflicting state Vehicle Code provision, and that it had been rendered void. It could therefore not be enforced to provide a reasonable basis for the arrest and search, even though it was still part of the local municipal code and had never been specifically challenged or repealed.