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?
We discuss the emerging legal guidance around geofence warrants – those seeking location and other data from cellphones within a virtual fence around a physical location – and what you need to show a judge to have an affidavit granted, and to have success in court.
In this Case Alert, we discuss a July 2023 appeals court decision that reaffirms the legal definition of the word “from” in the context of P.C. 26100, discharging a firearm from a motor vehicle. Spoiler alert: It doesn’t have to be “from inside” the vehicle.
In this article we discuss case law governing why a private citizen’s refusal to cooperate in an investigation does not provide an officer with probable cause to arrest or retaliate against them.
The Constitution entitles officers to use deadly force when a suspect points a firearm at them. But what if the gun is fake? In this Case Alert, we explore a recent appellate court decision that analyzes the issues surrounding a case with these facts.
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.
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 impairment.
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 insufficient.
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.
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 enhancement conviction.
