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

2002 Articles/Cases

Articles

Search Warrants (349KB)
Search Warrant Special Procedures (417KB)
Probation and Parole Searches (226KB)
Probable Cause (360KB)
Exigent Circumstances (146KB)
Exigent Responses (74KB)

Recent Cases

U.S. v. Alaimalo (89Kb) (9th Cir. December 31, 2002) 313 F.3d 1188 : ISSUE: Did customs agents have probable cause to believe that drugs had been delivered to the defendant's house?

Grant v. City of Long Beach (110Kb) (9th Cir. December 16, 2002) __ F.3d __ : ISSUE: Did officers have probable cause to arrest a rape suspect?

People v. Kelley (68Kb) ( November 18, 2002) __ Cal.App4th__ : ISSUE: Under what circumstances may authorities secretly record a jail inmate's phone conversations?

People v. Pressey (72Kb) ( October 16, 2002) __ Cal.App.4th __ : ISSUE: If a suspect is arrested for possession of two types of drugs for personal use, and the suspect appears to be under the influence of both drugs, is it reasonable for a magistrate to conclude there is probable cause to search the suspect's house for more drugs?

Gallegos v. Los Angeles (83Kb) (9th Cir. October 11, 2002) __ F.3d __ : ISSUE: Did a felony car stop constitute a detention or an arrest?

U.S. v. Chavez-Miranda (113Kb) (9th Cir. September 30, 2002) __ F.3 __ : ISSUE: (1) Did officers have probable cause for a search warrant? (2) After officers knocked and announced, did they reasonably believe the occupants of the premises were refusing to admit them?

Allen v. Roe (75Kb) (9th Cir. September 24, 2002) __ F.3 __ : ISSUE: Did officers violate Miranda when they questioned a murder suspect about the location of a gun?

People v. Ulloa (78Kb) ( September 05, 2002) __ Cal.App.4th __ : ISSUE: (1) Did a search warrant authorize a search of a computer for AOL Instant Messages? (2) Did the affidavit establish probable cause to such a search?

People v. Storm (114Kb) ( August 15, 2002) __ Cal. 4th __ : ISSUE: If a murder suspect invokes his Miranda rights and is later released, can officers seek to question him about the murder?

People v. Saldana (64Kb) ( August 13, 2002) __ Cal.App.4th __ : ISSUE: Did an anonymous tip justify a felony car stop?

People v. Farnam (17Kb) ( July 01, 2002) 28 Cal.4th 107 : ISSUE: (1) Was a detainee "in custody" for Miranda purposes? (2) Did the detainee invoke his Miranda rights? (3) Was the detainee's subsequent statement to a detective involuntary?

United States v. Drayton (20Kb) ( June 17, 2002) __ US __ : ISSUE: When "contacting" passengers on a bus as part of a drugs-weapons interdiction effort, must officers inform the passengers that they are free to go and are not required to cooperate?

People v. Manderscheid (20Kb) ( June 14, 2002) __ Cal.App.4th __ : ISSUE: Did exigent circumstances justify an officer's walking into the backyard of a home and knocking on the rear door?

People v. Willis (11Kb) ( June 03, 2002) __ Cal.4th __ : ISSUE: Officers search a suspect's house based on erroneous information from a parole officer that the suspect was on parole with a search condition. Does the Good Faith Rule apply?

People v. Martin (22Kb) ( May 14, 2002) __ Cal.App.4th __ : ISSUE: Did officers violate Martin's Sixth Amendment right to counsel when, knowing he was represented by an attorney as to a charged murder case, they provided his ex-girlfriend with a tape recorder and asked her to record her telephone conversations with him?

People v. Loyd (22Kb) ( April 31, 2002) __ Cal.4th __ : ISSUE: May California jail and prison officials tape telephone and in-person conversations between inmates and their friends and associates for the purpose of gathering incriminating evidence? If so, does it matter that the request for taping came from a prosecutor?

U.S. v. Jones (20Kb) (9th Cir. April 18, 2002) __Cal.App.4th __ : ISSUE: Was a warrantless search of the defendant's office lawful under the public workplace exception to the warrant requirement?

People v. Shaw (11Kb) ( April 16, 2002) __Cal.App.4th __ : ISSUE: Did officers conduct a "search" when they went into the back of a drug dealer's apartment building and examined a hole in which the dealer hid his stash?

People v. Claeys (5Kb) ( March 26, 2002) __Cal.App.4th__ : ISSUE: Did the defendant have a reasonable expectation of privacy as to his backyard marijuana garden that could be seen by his neighbors?

People v. McKay (23Kb) ( March 03, 2002) __ Cal.4th __ : ISSUE: (1) Was the defendant lawfully arrested for failure to provide "satisfactory" ID pursuant to Vehicle Code § 40302(a)? (2) Does an arrest violate the Fourth Amendment if it was made in violation of a state statute?

People v. Gallegos (18Kb) ( February 28, 2002) __Cal.App.4th__ : ISSUE: During the execution of a search warrant, did officers unlawfully seize items that were not listed in the warrant?

People v. Sugarman (10Kb) ( February 14, 2002) : ISSUE: If DUI suspect fails or refuses to complete a breath test, under what circumstances may officers compel him to submit to a blood test?

People v. Smith (15Kb) ( January 30, 2002) __ Cal.App.4th __ : ISSUE: What is the permissible scope of a probation search?

People v. Hughes (14Kb) ( January 28, 2002) __ Cal.4th __ : ISSUE: (1) At what point in a murder investigation was the defendant detained or arrested? (2) At that point, did the facts known to the investigators constitute reasonable suspicion or probable cause?

People v. Lee (16Kb) ( January 28, 2002) __Cal.App.4th__ : ISSUE: (1) Did officers coerce a statement from a witness to a murder? (2) If so, must the defendant prove the statement was unreliable in order to obtain a suppression order?

United States v. Arvizu (22Kb) ( January 15, 2002) __ US __ : ISSUE: Did a U.S. Border Patrol agent have reasonable suspicion to detain the defendant?

In re Arturo D. (21Kb) ( January 01, 2002) __ Cal.4th __ : ISSUE: A routine traffic stop. The driver says he doesn't have a driver's license. For whatever reason, he does not produce vehicle registration. Can officers search the vehicle for these documents? If so, what is the permissible scope of the search?

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