CHRISTIAN, J. I dissent.
Application of the doctrines discussed by the majority is somewhat clouded by the statement in United States v. Chadwick (1977) 433 U.S. 1, 15 [53 L.Ed.2d 538, 550-551, 97 S.Ct. 2476], that “warrantless searches of luggage or other property seized at the time of an arrest cannot be justified as incident to that arrest either if the ‘search is remote in time or place from the arrest,’ [citation] or no exigency exists.” Taken out of context, this statement does suggest that any property seized from an arrestee and safely reduced to the exclusive control of police officers is outside the scope of a lawful warrantless incidental search. The context in which this statement appears, however, makes clear that the holding of Chadwick is not to be so broadly construed. The above quoted sentence is followed and explained by the statement that “luggage or other personal property not immediately associated with the person of the arrestee” is outside the scope of a search incident to arrest if safely reduced to the officer’s exclusive control. (Id. [53 L.Ed.2d at p. 551]; italics added.) Additionally, in the same paragraph the court stated the federal rule that warrantless searches of an arrestee’s person and the area within his immediate control may be conducted without additional justification. (Id., at pp. 14-15 [53 L.Ed.2d [72]at pp. 550-551], citing United States v. Robinson (1973) 414 U.S. 218 [38 L.Ed.2d 427, 94 S.Ct. 467].)
The rule of Chadwick and its progeny is thus limited to searches of personal property not immediately associated with the person of the arrestee. The court in Chadwick reaffirmed the viability of existing standards for searches of personal property that is immediately associated with the arrestee’s person, i.e., searches of the person incident to arrest. Consistent with this view, the California Supreme Court in People v. Minjares (1979) 24 Cal.3d 410 [153 Cal.Rptr. 224, 591 P.2d 514], cert. den. 444 U.S. 887 [62 L.Ed.2d 117, 100 S.Ct. 181], holding that the warrantless search of a zippered tote bag found in the defendant’s car trunk after his arrest was unlawful for want of justifying exigent circumstances, quoted the two sentences from Chadwick discussed above and stated in dictum: “It is clear from Chadwick itself that the tote bag would not have been subject to a warrantless search if appellant had been arrested on the street and the bag taken from his possession.” (Id., at pp. 419-420.) The court perhaps considered that the zippered tote bag would not have been immediately associated with the defendant. The key question in the present case is thus whether respondent’s metal container was immediately associated with his person at the time it was seized.
In fact, the metal container was removed from respondent’s clothing; therefore it was without doubt immediately associated with his person. As one authority states, “A search is deemed to be ‘of a person’ if it involves an exploration into an individual’s clothing, including a further search within small containers, such as wallets, cigarette boxes and the like, which are found in or about such clothing.” (2 La Fave, Search and Seizure, § 5.5, at p. 347.) Thus, in United States v. Robinson, supra, 414 U.S. 218, at pp. 223, 236 [38 L.Ed.2d 427, at pp. 433-434, 441], a cigarette package found in the arrestee’s coat pocket was within the scope of a lawful incidental search of the person. By contrast, a search of items which “do not have this intimate a connection with a person” requires a warrant or exigent circumstances justifying the warrantless search. (2 La Fave, Search and Seizure, § 5.5, at p. 347.) The legality of the search of respondent’s metal container is therefore to be determined according to standards for searches of the person incident to arrest.
Under federal law a full search of the person incident to a lawful custodial arrest requires no justification other than the arrest: the full [73]search of the person “is not only an exception to the warrant requirement of the Fourth Amendment, but is also a ‘reasonable’ search under that Amendment.” (United States v. Robinson, supra, 414 U.S. 218, 235 [38 L.Ed.2d 427, 441].) California courts, however, have adhered to more stringent, independent state standards. (Cal. Const., art. I, § 13.) The California Supreme Court has determined the permissible scope of full searches of arrestees according to “the possible disposition of the arrest, i.e., whether the arrestee is to be cited and immediately released, or taken before a magistrate or other official and given the opportunity to post bail, or booked and incarcerated.... [A] full body search incident to arrest is impermissible when the person is arrested for an offense for which he will merely be cited or released on bail.” (People v. Maher (1976) 17 Cal.3d 196, 199 [130 Cal.Rptr. 508, 550 P.2d 1044].) Thus, the California Supreme Court has prohibited full body searches incident to the arrest of persons for public inebriation (Pen. Code, § 647, subd. (f)) because an empirical study of law enforcement practices revealed that release of the public inebriate without incarceration is a readily available and sometimes standard practice. (People v. Longwill (1975) 14 Cal.3d 943, 946-948 [123 Cal.Rptr. 297, 538 P.2d 753].) If, however, the arrestee is to be booked and incarcerated, a full search is permissible as an “accelerated booking search.” Because a full custody search would be permissible at the station house prior to booking, a full search in the field would not be a significantly greater intrusion. (People v. Barajas (1978) 81 Cal.App.3d 999, 1008-1009 [147 Cal.Rptr. 195]; see People v. Maher, supra, 17 Cal.3d at p. 199; People v. Longwill, supra, 14 Cal.3d 943, 948.)
Where a court is not presented with helpful empirical data, it may be difficult to determine the likelihood that the suspect will be booked and incarcerated. Courts of Appeal have found a likelihood of booking and incarceration on the basis that the offense for which the person was arrested was a felony (People v. Barajas, supra, 81 Cal.App.3d 999, 1009), that the sentence prescribed for the offense was severe (People v. Rich (1977) 72 Cal.App.3d 115, 126 [139 Cal.Rptr. 819] [mandatory 90-day jail sentence for possession of specified controlled substances (Health & Saf. Code, § 11550)]), or that booking and incarceration were necessary to insure the availability of vital evidence such as could be obtained by urine or other appropriate tests. (Id.)
After Deputy Barnhill stopped respondent’s automobile, he determined that respondent was under the influence of PCP and arrested him. Driving a vehicle under the influence of a drug is not a felony [74](Veh. Code, § 23102), but the punishment is relatively severe: a first offender is punishable, inter alia, by imprisonment for not less than 48 hours. (Cf. People v. Knutson (1976) 60 Cal.App.3d 856, 867 [131 Cal.Rptr. 846] [upholding warrantless search of person arrested for being under the influence of PCP in a public place].) Release of the offender without booking and incarceration furthermore could jeopardize the obtaining of scientific evidence of the offense. It is thus to be concluded that respondent was thus subject to a lawful warrantless “accelerated booking search” incident to his arrest.
The search of respondent’s metal container was within the scope of a lawful accelerated booking search, because the container would have been subject to examination when respondent was booked. Prior to Chadwick and its progeny, several decisions held that booking officers may search an arrestee and his personal effects to prevent weapons and contraband from being brought into the jail. (See, e.g., People v. Ross (1967) 67 Cal.2d 64, 70 [60 Cal.Rptr. 254, 429 P.2d 606], revd. on other grounds, 391 U.S. 470 [20 L.Ed.2d 750, 88 S.Ct. 1850]; People v. Gilliam (1974) 41 Cal.App.3d 181, 189 [116 Cal.Rptr. 317]; People v. Rogers (1966) 241 Cal.App.2d 384, 389-390 [50 Cal.Rptr. 559].) One post -Chadwick decision reiterated: “When a person has been lawfully arrested on a criminal charge and undergoes the process of ‘booking’ at a police station prior to being held in jail, it is reasonable to conduct a search of his person and effects for the purpose of preventing the introduction of weapons or contraband into the jail.” (In re John C. (1978) 80 Cal.App.3d 814, 820 [145 Cal.Rptr. 228] [upholding booking search of tinfoil packet found by arresting officers in a small package of cigarette papers]; see also People v. Barajas, supra, 81 Cal.App.3d at p. 1009.) Several recent decisions have held that Chadwick and its progeny do not alter this rule. (People v. Harris (1980) 105 Cal.App.3d 204, 216-217 [164 Cal.Rptr. 296]; People v. Bullwinkle (1980) 105 Cal.App.3d 82, 86-87 [164 Cal.Rptr. 163], hg. den. June 25, 1980.)
The order of dismissal should be reversed.
Appellant’s petition for a hearing by the Supreme Court was denied October 29, 1980. Clark, J., and Richardson, J., were of the opinion that the petition should be granted.