Pen. Code § 148(a)(1); Resisting Arrest Pitchess Motions
The term “willfully,” for purposes of P.C. § 148(a)(1), Resisting Arrest, requires only that a reasonable person would have understood that the person resisted was a peace officer.
Pitchess discovery is inappropriate absent a showing by the…
Brady Error and Suggestive Pretrial Identifications
An in-court identification of a defendant by a witness is not necessarily tainted by a suggestive pre-trial photo identification. Brady error does not necessarily result in a new trial where the error is immaterial.
A Prostitute’s Right to Privacy and P.C. § 632
A person is in violation of the felony offense of eavesdropping, pursuant to Penal Code § 632(a), when he surreptitiously records the acts and oral conversations of a prostitute as she plies her trade at a client’s home.
Leaning into a Vehicle as a Fourth Amendment Search
An officer leaning into a vehicle during an otherwise lawful traffic stope constitutes an illegal Fourth Amendment search absent an articulable justification.
Bivens Actions and a Federal Officer’s Civil Liability
The U.S. Supreme Court Case of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics provides civil plaintiffs with an avenue for suing federal officers who violate the plaintiff’s constitutional rights.