Alameda County District Attorney's Office
Tom Orloff, District Attorney

2001 Articles/Cases

Articles

Police Interrogation (219KB)
Pat Searches (187KB)
Protective Car Searches (26KB)
Police Surveillance (150KB)
Protecting Surveillance Sites (36KB)

Recent Cases

People v. Zichwic (15Kb) ( December 31, 2001) __ Cal.App.4th __ : ISSUE: Is a search warrant required to attach an electronic tracking device to the undercarriage of a vehicle parked in a driveway?

U.S. v. Knights (17Kb) ( December 10, 2001) __ US __ : ISSUE: Was a probation search of a bombing suspect's apartment unlawful because the purpose of the search was to investigate a crime rather than rehabilitate the suspect?

People v. Graves (17Kb) ( November 20, 2001) __ Cal.App.4th __ : ISSUE: Was Graves "set up" by prosecutors or Secret Service agents?

People v. White (4Kb) ( November 15, 2001) __ Cal.App.4th __ : ISSUE: Is it a violation of the Vehicle Code to drive a car in which the view of the rear license plate is partially blocked by a trailer hitch ball?

People v. Slayton (11Kb) ( October 18, 2001) __ F.3d __ : ISSUE: Did officers violate Slayton's Sixth Amendment right to counsel when they questioned him about an uncharged crime that was "closely related" to a charged crime for which he was represented by an attorney?

U.S. v. Chavez (25Kb) (9th Cir. October 15, 2001) __ F.3d __ : ISSUE: (1) Did a CHP officer successfully convert a traffic stop into "contact" at the time he sought the suspect's consent to search? (2) If not, did the suspect's extreme nervousness and failure to make eye contact give the officer a right to detain him?

Clark v. Maryland (23Kb) ( October 01, 2001) __ A.2d __ : ISSUE: If a suspect invoked his Miranda right to counsel as to a crime for which he was convicted and is now in prison, can officers seek to question him about some other crime?

United States v. Mendoza-Ortiz (9th Cir. August 22, 2001) __ F.3d __ : ISSUE: Is a search warrant required to enter a warehouse to seize marijuana that had just been unloaded from a truck?

Lugtu v. California Highway Patrol ( August 16, 2001) __Cal.4th __ : ISSUE: When an officer makes a traffic stop, does he have a duty of reasonable care to the occupants of the car?

Ford v. Superior Court ( July 31, 2001) __ Cal.App.4th __ : ISSUE: (1) Was a murder suspect illegally seized at some point while waiting to be interviewed by officers? (2) If not, was he illegally seized before subsequent interviews?

People v. Schofield ( July 19, 2001) __ Cal.App.4th __ : ISSUE: Under what circumstances may an officer make a warrantless DUI arrest when the crime was not committed in the officer's presence?

Kyllo v. United States ( June 11, 2001) __ US __ : ISSUE: Under what circumstances must officers obtain a warrant to utilize surveillance technology that "looks" inside homes?

U.S. v. Knights ( May 31, 2001) : ISSUE: PROBATION SEARCH RULES MAY BECOME CLEARER: U.S. Supreme Court grants certiorari in U.S. v. Knights.

People v. Bush ( May 03, 2001) __ Cal.App.4th __ : ISSUE: During a routine traffic stop, may officers conduct a protective search of a car based on six-year old information that the driver had an arrest record for possession of weapons?

Atwater v. City of Lago Vista ( April 24, 2001) __ US __ : ISSUE: Is it a violation of the Fourth Amendment for an officer to make a warrantless custodial arrest for a violation of a misdemeanor punishable by only a fine?

In re Elizabeth G. ( April 12, 2001) __ Cal.App.4th __ : ISSUE: Did exigent circumstances justify the occupation and securing of a home pending issuance of a search warrant?

Texas v. Cobb ( April 01, 2001) __ US __ : ISSUE: Is it a violation of the Sixth Amendment right to counsel for officers to question a suspect about a crime that is "closely related" to a crime with which he has been charged and is represented by counsel?

In re Ivan J. ( March 28, 2001) __ Cal.App.4th __ : ISSUE: Does a detainee violate Penal Code section 148.9(a) if he gives his correct name but lies about his date of birth?

In re Ian C. ( March 08, 2001) __ Cal.App.4th __ : ISSUE: May a juvenile be searched as an incident to a "custodial arrest" if he will be transported to a curfew center?

Illinois v. McArthur ( February 20, 2001) __ US __ : ISSUE: Under what circumstances may officers prevent a person from entering his home pending issuance of a warrant to search the premises?

People v. Keller ( February 14, 2001) __ Cal.App.4th __ : ISSUE: Did officers violate a suspect's Sixth Amendment rights when an undercover officer, posing as a hit man, spoke with the suspect about intimidating or killing the suspect's wife? NOTE: THE CALIFORNIA SURPREME COURT GRANTED REVIEW OF KELLER ON MAY 23, 2001. IT IS NO LONGER CITABLE AUTHORITY. BUT SEE TEXAS v. COBB, SUPRA.

People v. Peracchi ( January 17, 2001) __Cal.App.4th__ : ISSUE: Did officers violate a suspect's Miranda rights by asking him why he wanted to remain silent?

People v. Hammett (9th Cir. January 10, 2001) __ F.3d __ : ISSUE: Did officers violate the Fourth Amendment when they walked onto the defendant's property and, thereafter, walked around his home? (2) Was a search warrant invalid as the result of a mistake made by the affiant?

People v. Lim ( January 03, 2001) __Cal.App.4th__ : ISSUE: Did officers violate a suspect's Miranda rights by asking him why he wanted to remain silent?

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