Searches Incident to Arrest (178KB)
Taking a "Second Look" at Prisoners' Property (74KB)
Miranda: When warnings are required (430KB)
"Consent Once Removed" (102KB)
Intercepting Prisoner Communications (92KB)
Entry to Arrest (Ramey) (241KB)
Harvey-Madden (76KB)
The "Official Channels" Rule (84KB)
Detentions Based on 911 Calls (122KB)
Motley v. Parks (44Kb) (U.S. Court of Appeals (Ninth Circuit) December 30, 2005) __ F.3d __ [2005 WL 3556971] : ISSUE: Before conducting a parole search of a home, what level of proof must officers have that the parolee lives there?
People v. Viray (52Kb) (California Court of Appeal December 14, 2005) __ Cal.App.4th __ [2005 WL 3416246] : ISSUE: Did a prosecutor violate the defendant?s Sixth Amendment right to counsel by questioning her filing a criminal complaint?
Moreno v. Baca II (41Kb) (U.S. Court of Appeals (Ninth Circuit) December 01, 2005) __ F.3d __ [2005 WL 3338300] : ISSUE: New development on probation and parole searches.
Miranda v. City of Cornelius (50Kb) (U.S. Court of Appeals (Ninth Circuit) November 17, 2005) (9th Cir. 2005) 429 F.3d 858 : ISSUE: Can officers impound a vehicle if impoundment was authorized by statute but, under the circumstances, was completely unnecessary?
In re William R. (51Kb) (California Court of Appeal October 27, 2005) __ Cal.App.4th __ [2005 WL 2789449] : ISSUE: If officers discover evidence while conducting an illegal warrantless search of a suspect, can the evidence be suppressed if, unbeknownst to the officers, the suspect was on probation with a search condition?
People v. Daggs (44Kb) (California Court of Appeal October 12, 2005) (2005) __ Cal.App.4th __ [2005 WL 2516674] : ISSUE: Did a robber have standing to challenge the search of a cell phone he had dropped at the crime scene?
People v. Hunter (48Kb) (California Court of Appeal October 12, 2005) __ Cal.App.4th __ [2005 WL 2539313] : ISSUE: After finding marijuana inside a stopped vehicle, did officers have probable cause to search the trunk for more?
Important development on parole and probation searches (32Kb) ( September 27, 2005) :
U.S. v. Gandia (45Kb) (U.S. Court of Appeals (2nd Cir.) September 19, 2005) __ F.3d __ [2005 WL 2277103] : ISSUE: Did officers have grounds to conduct a protective sweep of the defendant's apartment?
People v. Rodgers (49Kb) (California Court of Appeal August 18, 2005) 131 Cal.App.4th 1560 : ISSUE: Under what circumstances may officers detain a suspect based on an anonymous 911 call?
U.S. v. Williams (41Kb) (U.S. Court of Appeals (9th Cir.) August 16, 2005) __ F.3d __ : ISSUE: During a traffic stop, if a passenger leaves the vehicle, may officers ordere him to return to the car and remain inside?
PORAC News Article ( August 02, 2005) : ISSUE: Must officers have reasonable suspicion to conduct probation searches? For information on this article, see the Comment in U.S. v. Barnett, decided on July 18, 2005.
U.S. v. Stafford (50Kb) (U.S. Court of Appeals (9th Cir.) August 01, 2005) __ F.3d __ [2005 WL 1813313] : ISSUE: Is it reasonable for officers to enter an apartment without a warrant based on a report that there are large quantities of blood on the walls and floors?
People v. Davis (50Kb) (California Supreme Court July 21, 2005) __ Cal.4th __ [2005 WL 1691654] : ISSUE: (1) May officers secretly record conversations between arrestees that occur in police stations? (2) Was a murder suspect "interrogated" when a detective told him that his fingerprint had been found on the murder weapon? (3) If so, should the trial court have suppressed an incriminating statement the suspect made about the interview to his cellmate?
U.S. v. Barnett (56Kb) (U.S. Court of Appeals (7th Cir.) July 18, 2005) __ F.3d __ [2005 WL 1661539] : ISSUE: Must officers have reasonable suspicion to conduct probation searches?
U.S. v. Hauk (48Kb) (U.S. Court of Appeals (10th Cir.) June 24, 2005) __ F.3d __ [2005 WL 1499676] : ISSUE: When officers entered a house to arrest a parole violator, did they have grounds to conduct a protective sweep?
U.S. v. Lawson (48Kb) (U.S. Court of Appeals (D.C. Cir.) June 10, 2005) __ F.3d __ [2005 WL 1364690] : ISSUE: (1) Were a photo lineup and photo showup impermissibly suggestive? (2) Was a car searched lawfully?
U.S. v. Marquez (40Kb) (U.S. Court of Appeals (Ninth Circuit) June 07, 2005) 410 F.3d 612 : ISSUE: Must airport security officials reasonably believe a passenger is armed before subjecting him to secondary screening?
U.S. v. Fay (42Kb) (U.S. Court of Appeals (9th Cir.) June 03, 2005) __ F.3d __ [2005 WL 1313516] : ISSUE: Did Fay have a reasonable expectation of privacy in a bag containing a gun that was located inside his girlfriend's apartment?
People v. Dykes (D.C. Circuit May 01, 2005) (D.C. Cir. 2005) __ F.3d __ : ISSUE: (1) Did officers have grounds to detain a suspected drug dealer? (2) Did they use reasonable force in doing so?
Hells Angels v. City of San Jose et al. (9th Circuit April 04, 2005) (9th Cir. 2005) __ F.3d __ : ISSUE: In executing search warrants at a Hells Angels clubhouse and at the homes of several members, did officers apparently violate clearly established law so that they were not entitled to qualified immunity in a civil rights lawsuit?
Moreno v. Baca (U.S. Court of Appeals (9th Cir.) March 07, 2005) 400 F.3d 1152 : ISSUE: Were officers entitled to qualified immunity on the issue of whether reasonable suspicion is required to detain a suspect? For information on this news report, see the "Comment" in the report on U.S. v. Barnett, filed on July 18, 2005.
In re Lennies H. (49Kb) ( February 16, 2005) __Cal.App4th__ : ISSUE: While pat searching a carjacking suspect, did an officer have probable cause to remove a set of keys from the suspect?s pocket?
U.S. v. Bustos-Torres (49Kb) (8th Cir February 02, 2005) _F3d_ : ISSUE: (1) Did a sheriff?s deputy have grounds to stop a car to investigate suspected drug dealing? (2) Did deputies have grounds to pat search the occupants of the car and, if so, was their search reasonable in scope?
U.S. v. Charley (38Kb) (9th Cir. February 01, 2005) __F.3d__ : ISSUE: Did a detention become an unlawful arrest when an officer drove the suspect from the scene of the detention to the crime scene?
U.S. v. Hanlon (40Kb) ( January 25, 2005) __F.3d__ [2005 WL 147121] : ISSUE: Did an officer have grounds to, (1) prolong a traffic stop to investigate the possibility the vehicle was stolen, and (2) pat search the driver?
Illinois v. Caballes (42Kb) ( January 24, 2005) __U.S.__ : ISSUE: When officers are conducting a traffic stop, under what circumstances can they use a drug-detecting dog to determine if there are drugs in the driver?s car?
People v. Gonzalez (41Kb) ( January 24, 2005) __Cal.4th__ : ISSUE: Did a murder suspect invoke his Miranda right to counsel when he said he wanted a public defender if he was charged with the crime?
*All files are in pdf format.