Appellate Court upholds a Burglary 2nd conviction for a defendant who forcibly entered exterior, permanently mounted utility truck compartments. This ruling clarifies that breaking into secured areas like these is equivalent to forced entry into a vehicle, even if physically separate from the interior.
Home Page Summary In a split decision from December, the Ninth Circuit drills down on issues of deadly force, qualified immunity, whether a parent can claim loss of relationship after officers shot and killed their adult child. This case provides room for debate on whether the officers opted for deadly force too quickly.
In United States v. Steinman, the Ninth Circuit ruled that a traffic stop can be extended when reasonable suspicion of additional criminal activity arises. The Court upheld the seizure of a vehicle based on probable cause and affirmed that state officers can enforce federal law, reversing the district court’s decision to supp
Read more about this case concerning consensual entry when a co-resident doesn’t voice an objection. On appeal, the defendant also raised questions about whether the search of his person and surroundings, and the physical opening of his cellphone were constitutional.
An NFL star’s 2020 rape conviction was overturned after an appeals court ruled in January that the prosecutor’s arguments to the jury violated the state’s RJA, meant “to eliminate racial bias from California’s criminal justice system.”
Scenario: Suspect threatens victims with an unloaded gun. Can you charge 245? As usual with the law, the answer is: it depends. A new appeals court ruling discusses how even an unloaded firearm can yield an ADW charge, depending on several factors, including how readily available the ammunition is.
There are lots of moving parts during a traffic stop, and the courts continue to weigh in on the details of what passes legal muster. In this case, an appeals court reverses the trial court on whether a driver pulled over for rolling through a stop sign was reasonably ordered out of his vehicle.
The Ninth Circuit rules that deputies violated the Fourth Amendment when they entered the curtilage of a home without a warrant. The court reversed the conviction of one co-defendant but upheld the conviction of another, a parolee who didn’t live at the home and thus had no standing. Here’s what you need to know.
In Williams v. City of Sparks, the Ninth Circuit ruled police officers’ use of deadly force during a high-speed chase was reasonable under the Fourth Amendment. The court also dismissed municipal liability claims, finding no constitutional violations. The decision emphasizes officer discretion in rapid, dangerous situations.
A defendant convicted of manufacturing a controlled substance and arson argued that he did not act with malicious intent to burn down his home. The court looked at intent related to arson and whether malice can be presumed from the intentional conduct in the drug manufacturing process. You need to know the distinctions.
