Disturbing the Peace and Refusing to Identify
Yelling at a person while calling them names constitutes a violation of Pen. Code § 415(2); Disturbing the Peace. A detainee refusing to identify himself to a peace officer may be a violation of Pen. Code § 148(a)(1).
Prolonged Detentions and Franks Hearings
A detention during a traffic stop lawfully includes the time it takes an officer to complete the mission of the traffic stop. A hearing to challenge material omissions in a search warrant requires the defendant to first make a substantial…
Using a roadblock to stop a fleeing suspect is a Fourth Amendment seizure of the person
A roadblock used to stop a fleeing motorist (or bicyclist) constitutes a use of force and a Fourth Amendment seizure. Depending upon an evaluation of the totality of the circumstances, using a roadblock in such a manner may or may not involve an…
The Necessary Elements of a DUI/Marijuana Implied Malice Second Degree Murder Case
A must read for Prosecutors and Police Officers dealing with "DUI - marijuana" cases.
Immunity From Civil Liability For Law Enforcement Officers and Agencies
While public employees are immune from civil liability for damages caused in the use of emergency vehicles while responding to emergencies under V.C. § 17004, public entities are likely to be held civilly liable pursuant to V.C. § 17001