Can Law Enforcement Impound a Vehicle Solely for Unpaid Parking Citations? New Case Law Clarifies
The warrantless impoundment of a vehicle solely for unpaid parking citations violates the Fourth Amendment, with few exceptions. Violate this rule long enough and your day will come, our expert advises.
California Supreme Court Defines What Constitutes “Force” During a Kidnapping for Rape
In this Case Alert, we discuss a June 2023 state Supreme Court ruling that explains how the deception of an intoxicated victim is similar to the level of force needed for a kidnapping charge involving a small child or someone with a mental…
Appeals Ruling Clarifies What’s Needed in a DNA-Related Search Warrant Affidavit
An appeal decided in May involves a 1980 rape and murder case in which detectives used DNA recovered from trash, other background investigation and investigative genealogy to identify a suspect. The defendant argued the search warrant was…
California Supreme Court Limits Absolute Immunity for Public Employees’ Actions During Investigations
In a narrow ruling, the state Supreme Court unanimously determines that Government Code Section 821.6 does not provide law enforcement officers with absolute immunity, without a subsequent judicial proceeding.
New Ruling in Rape Case Helps Define “Increased Risk” in Aggravated Kidnappings
In this Case Alert, we explore the significance of a new ruling in a rape case where the defendant moved the victim a short distance, and under what circumstances such movement is great enough to meet the bar to secure an aggravated kidnapping…