Protective Sweeps (168KB)
Phone, E-mail, and Internet Records (177KB)
Digital Photos and Confessions (162KB)
Out-of-County Felony Arrests (132KB)
Community Caretaking Searches (367KB)
Knock Notice (199KB)
Executing Search Warrants (246KB)
Lineups and Showups (258KB)
Devenpeck v. Alford (33Kb) (December 13, 2004) __US__ : ISSUE: If an officer arrests a suspect for a crime without probable cause, is the arrest lawful if there was probable cause to arrest him for an unrelated crime?
People v. San Nicolas (38Kb) (December 01, 2004) 34 Cal.4th 614 : ISSUE: After a murder suspect invoked his Miranda right to counsel, did a detective pressure him into changing his mind when he gave him a copy of a newspaper that contained a story about the crime and the suspect?s arrest?
People v. Thompson (82Kb) (Cal.App.4th November 17, 2004) : ISSUE: Did officers violate the Ramey-Payton rule when they entered a DUI suspect?s home to arrest him? NOTE: On February 16, 2005, the California Supreme Court granted review of People v. Thompson. It is, therefore, no longer citable authority.
U.S. v. Cunag (Cunag II) (38Kb) (9th Cir. 2004 November 15, 2004) 386 F.3d 888 : ISSUE: Does a motel or hotel guest have a reasonable expectation of privacy in a room he acquired with a stolen credit card?
United States v. Maddox (47Kb) (10th Cir. November 15, 2004) __F.3d__ : ISSUE: Under what circumstances can officers detain a person for officer-safety?
U.S. v. Washington (31Kb) (9th Cir. November 02, 2004) __F.3d__ : ISSUE: Did a consensual "knock and talk" become an unlawful detention?
People v. Pleasant (41Kb) ( October 20, 2004) __Cal.App.4th__ : ISSUE: When officers are conducting a probation search, under what circumstances may they search a bedroom that belongs to someone other than the probationer?
People v. Wells (2004) (32Kb) ( September 28, 2004) __ Cal.App.4th __ : ISSUE: Can an officer stop a car for erratic driving based solely on a report from an anonymous caller?
United States v. Kimoana (43Kb) (10th Circuit September 15, 2004) 383 F.3d 1215 : ISSUE: (1) Was it reasonable for an officer to believe that a man who had consented to a search of a motel room had authority to do so? (2) Was a detainee?s consent to search involuntary because the officers drew their guns at some point before seeking consent?
U.S. v. Brigham (28Kb) (5th Cir. en banc August 19, 2004) 382 F.3d 500 : ISSUE: During a traffic stop, under what circumstances may officers ask questions that are not directly related to resolving the traffic matter?
United States v. Patane (75Kb) ( June 28, 2004) __US__ : ISSUE: If officers obtain a statement from a suspect in violation of Miranda, and if that statement results in the discovery of physical evidence, can the evidence be suppressed because of the Miranda violation?
Missouri v. Seibert (73Kb) ( June 28, 2004) __US__ : ISSUE: If officers question an arrested suspect without seeking a waiver, is a second statement admissible if it was made in compliance with Miranda?
Hilibel v. Nevada (88Kb) ( June 21, 2004) __US__ : ISSUE: If a detainee refuses to identify himself, can he be arrested for obstructing an officer?
U.S. v. Crawford (117Kb) (9th Cir. en banc, June 21, 2004) __F.3d__ : ISSUE: Must officers have reasonable suspicion that a parolee has committed new crimes before they may conduct a parole search of his home?
United States v. Cunag (76Kb) (9th Cir. June 14, 2004) __F3d__ : ISSUE: Did the defendant have a reasonable expectation of privacy in a hotel room he paid for with a stolen credit card?
People v. McHugh (83Kb) ( June 07, 2004) __Cal.App4th : ISSUE: (1) Under what circumstances do school police officers have the authority to make traffic stops? (2) If a DUI arrestee refuses to take a chemical test, can officers authorize a forcible blood draw? (3) Must a DUI arrestee be permitted to take a breath test if, after having refused to take any chemical test and after officers told him he would be given a blood test, he requested a breath test?
People v. Lopez (67Kb) ( June 01, 2004) __Cal.App.4th__ : ISSUE: Did officers have grounds to detain and pat search the defendant? Did the defendant violate Penal Code § 148 when he refused to allow an officer to pat search him, and when he refused to comply with an officer?s commands?
Yaborough v. Alvarado (89Kb) ( June 01, 2004) __US__ : ISSUE: In determining whether a juvenile was ?in custody? for Miranda purposes, must officers and courts consider the juvenile?s age and experience?
People v. Bowers (126Kb) ( April 23, 2004) __Cal.App4th__ : ISSUE: If officers discover evidence while conducting an illegal warrantless search of a suspect, is the evidence admissible if, unbeknownst to the officers, the suspect is on probation with a search condition?
People v. Gomez (84Kb) ( April 06, 2004) __Cal. App. 4th__ : ISSUE: (1) Was a detention unduly prolonged? (2) Did the detaining officer have probable cause to arrest the suspect?
Jackson v. Giurbino (70Kb) (9th Cir. March 26, 2004) __F.3d__ : ISSUE: Did an officer violate Miranda when he questioned an incarcerated murder suspect who had previously invoked his right to remain silent?
U.S. v. Bautista (83Kb)* ( March 26, 2004) __F.3d__ : ISSUE: 1) Did the defendant have a reasonable expectation of privacy in a motel room he paid for with a stolen credit card? (2) Did the defendants wife voluntary consent to an entry and search of the motel room?
California Attorney General's Opinion (86Kb) ( February 19, 2004) (December 18, 2003) No. 03-406 : ISSUE: May California judges authorize the release of pen register and phone trap data by means of a court order per 18 U.S.C. §3121 et seq?
U.S. v. Terry-Crespo (68Kb) (9th Cir. January 29, 2004) __ F.3d __ : ISSUE: Can officers detain a person based solely on information from a 911 caller whose identity has not been confirmed?
Fellers v. United States (60Kb) (US __ January 26, 2004) : ISSUE: Must a statement obtained in compliance with the defendant's Sixth Amendment right to counsel be suppressed if officers violated the Sixth Amendment in obtaining an earlier statement from him? NOTE: Fellers v. United States
Illinois v. Lidster. (65Kb) ( January 13, 2004) 540 US : ISSUE: Under what circumstances may officers set up a roadblock for the purpose of locating witnesses to a crime?
People v. Morton (118Kb) ( January 07, 2004) 114 Cal.App.4th 1039 : ISSUE: Did sheriff's detectives have sufficient reason to enter the defendants' property under the so-called "community caretaking" rule?