New, Rare Case on Wiretaps, Prescription Databases, GPS Tracking Warrants and Wiretap Statutes
A Ninth Circuit Court of Appeal decision from Dec. 2023 brings us an interesting discussion of warrantless law enforcement use of prescription-drug databases, tracking warrants and what’s needed for a wiretap that will hold up in court.
Two New Rulings Uphold ‘Implied Malice’ for Charging Fatal DUIs as Second-Degree Murder
Two appeals in the last quarter of 2023 reinforce California’s prosecutions of Watson murders, second-degree murder charges in cases where repeat DUI offenders knowingly drive impaired after having been warned of the dangers. The courts affirm that…
Deadly Force, Qualified Immunity and Civil Liability: We’re Not in California Anymore with This Case
A recent Nevada appellate ruling highlights the differences in what that state’s courts consider reasonable in deadly force cases vs. what California law requires. There’s reasonable, and there’s “reasonable and necessary.” You need to know this.
New Fourth Amendment Ruling Discusses Undercover Searches and Residential Entries While Recording
We have several prior rulings offering guardrails for warrantless entry and surreptitious recordings, but this is the first case that explains the history behind the major guiding decisions, the relationship between these two important legal…
New Decision on Non-Custodial Interviews and the Definition of “Inhabited”
A 2023 appellate decision explores what “inhabited” means in relation to an arson of a dwelling, and adds more detail to the understanding of custodial vs. non-custodial questioning related to Miranda. We add helpful tips for use on the street.