Riding Bicycle Without Lights In California
In People v. Garcia (2006) 145 Cal.App.4th 782, the defendant was riding a bicycle without an operative headlamp.
An officer lawfully detained him for violating Vehicle Code section 2120l, subdivision (d), and requested his identification.
Garcia, who spoke limited English, said that he had no identification. He did not provide a false name and birth date.
The officer then started to pat Garcia down, and used force to restrain him when he pulled away. He continued the search and located incriminating evidence.
Under those circumstances, this court concluded that the search was unlawful. (People v. Garcia, supra, at pp. 784-785, 789.)