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 theories and how they work together under the Fourth Amendment.
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.
Free Speech Nuances: Whether a person may exercise his or her First Amendment free speech or California Speech Clause rights at a specific location depends on whether the location at issue is a public forum.
What constitutes an invocation of one’s Miranda rights is different depending on whether that attempt to invoke happens at the beginning of questioning or after a waiver of those rights.
A law enforcement officer need only have probable cause to believe a person is on active parole before that person may be searched pursuant to a parole search condition. But be careful – arbitrary, capricious or harassing parole searches are prohibited by California statutory and case law.
A person’s consent to allow officers to search his or her vehicle is not voluntary when the consent is the product of coercion. Threatening to tow the vehicle, where it would be illegal to do so, constitutes coercion.
In this Case Alert, we discuss a ruling in a sexual assault case in which the defendant abused multiple massage patients. While he claimed he didn’t use sufficient force to support the charges, the court ruled that psychological restraint does constitute duress and fear in such cases.
Scenario: Gang member appears to stash gun under the seat of the defendant’s car. Traffic stop search finds no gun in passenger compartment. A search of the trunk yields a gun. Will your search hold up in court?
A new appeals court ruling delves into the details of a pretext traffic stop that involved tinted windows, three gang members, pat downs and the discovery of illegal concealed weapons. Did the stop pass the sniff test?
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 cooperate with a consensual encounter?
