A suspect is in custody for purposes of Miranda and must be advised of his Miranda rights whenever the police, in questioning him, have created a police dominated atmosphere.
With probable cause to believe a felon possesses a firearm in his residence, including a request for “any firearm” in the affidavit does not render the warrant “overbroad.”
Upon arresting the occupant of a motor vehicle, the warrantless search of the vehicle is lawful under either or both of two legal theories; i.e., the automobile exception and incident to arrest.
A warrantless vehicle search based up a passenger’s Fourth waiver is valid, as are searches based upon an officer’s good faith believe in the existence of a valid Fourth waiver.
The “Community Caretaking Doctrine,” created to justify warrantless entries into impounded automobiles for a non-criminal investigative purpose, does not justify the warrantless entry into a residence or seizure of firearms therein.
Sign-up now to access our website. It takes less than one minute, no credit card required
Enter your details below and stay ahead of the curve.
We need a little information about you to approve your subscription. We take your privacy seriously. Don’t worry we never share your information with anyone.
Login here to access the content
Immediate “real-time” law updates to stay current in the law and prevail in your cases. Our professional plan provides full access to “must have” resources for Law Enforcement Officers, Attorneys, Judicial Officers and students of law.
Our Professional plan not only keeps you current, but provides you with mandatory continuing education credits you must have to remain active in your profession. We are certified by the California Commission on Peace Officer Standards and Training (P.O.S.T.) and the California State Bar to provide Legal Updates training. We are 100% online and self-paced.
Plan Comparision
BASIC MEMBERSHIP Complimentary Limited Access We still appreciate you!
PROFESSIONAL MEMBERSHIP Full Unlimited Access $15.00/mo ($180.00/year) Sale! Only $7.50/ mo. ($90.00/year)
Access to our Website
Access to our Website
Receive Updates and Case Alerts
Receive Updates and Case Alerts
Full access our library of prior case briefs, special updates, and resources
Access our library of prior issues and special updates
Search Capability
Search Capability
Ability to post comments
Ability to post comments
Print/download/save material from our site
Print/download/save material from our site
Direct access to our authors
Direct access to our authors
Annual Statutes and Changes in the law Update (100+ pages)
Annual Statutes and Changes in the law Update (100+ pages)
Annual Miranda Update
Annual Miranda Update
Annual Search & Seizure and Fourth Amendment Update (1000+ pages) Our most comprehensive and popular update! A must have for Judges, prosecutors, and police supervisors
Annual Search & Seizure and Fourth Amendment Update (1000+ pages) Our most
comprehensive and popular update! A must have for judges, prosecutors, and police
supervisors