Officers pull up near a car, suspecting illegal marijuana use, and begin detaining the occupants. A minor sitting nearby runs, is caught and a gun found. Is there probable cause to arrest him? Did he have the right to exercise his freedom to not…
We discuss the emerging legal guidance around geofence warrants – those seeking location and other data from cellphones within a virtual fence around a physical location – and what you need to show a judge to have an affidavit granted, and to have…
In this Case Alert, we discuss a July 2023 appeals court decision that reaffirms the legal definition of the word “from” in the context of P.C. 26100, discharging a firearm from a motor vehicle. Spoiler alert: It doesn’t have to be “from inside” the…
In this article we discuss case law governing why a private citizen’s refusal to cooperate in an investigation does not provide an officer with probable cause to arrest or retaliate against them.
The Constitution entitles officers to use deadly force when a suspect points a firearm at them. But what if the gun is fake? In this Case Alert, we explore a recent appellate court decision that analyzes the issues surrounding a case with these…
