When Does “From” Mean “From?” New Court Decision Reaffirms the Meaning of the Word
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…
Exploring a Citizen’s Refusal to Cooperate, Probable Cause to Arrest Them, Use of Force and Retaliation
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.
Is Deadly Force Reasonable When a Suspect is Pointing a Replica Firearm?
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…
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…