More on Prolonged Detentions and Miranda Questions Over Statements Made to an Undercover Officer
Questions asked during a lawful traffic stop in the normal time it takes to issue a citation do not unlawfully prolong the traffic stop, while placing an undercover officer in a suspect’s jail cell to record the suspect’s incriminating statements is…
Creative Defense Theory Contends a Wrapped Marijuana Cigarette Isn’t An “Open Container”
While lawful possession of marijuana in a vehicle doesn’t provide probable cause for a search, unlawful possession does. In this case, the driver was a minor, and it is unlawful for him to have any amount of recreational marijuana. So, is the…
Prior Domestic Violence OK to Admit in New Cases, With No Need for Past Victims in Court
A new decision just out this year determines that prior acts of domestic violence can be admitted as predisposition evidence, and, importantly, may be proven by certified court records rather than through the in-court testimony of a victim.
Tampering with VINs Appeal Clarifies That “Singular” and “Plural” Are Interchangeable in Lawmaking
An appeal decided in March 2024 argued that the word “vehicles” only means multiple vehicles. The defendant claimed since his case only involved a single stolen vehicle, the law didn’t apply. Novel argument – but sometimes those work. What do you…
Beware Explicit and Implicit Bias: The California Racial Justice Act Has No Tolerance for Racism
A 2023 attempted murder conviction was reversed on appeal and sent back to trial court after the defendant showed the prosecutor used racially biased and racially coded language in the case. The RJA took effect in 2021 with the intent of ensuring…