P.C. § 1538.5 Motions and Illegal Detentions: P.C. § 148(a)(1) When Perpetrated During an Unlawful ...
The exclusionary rule does not apply to a new and distinct crime occurring during or immediately after a detention, whether the detention was lawful or not. Therefore, the lawfulness of a suspect’s detention is not relevant at a motion to suppress…
Warrantless Entries into Residence; The Attenuation Doctrine and Attenuation of the Taint: Fruit of ...
When the causal connection between unconstitutional police conduct and subsequently discovered evidence is remote or has been interrupted by some intervening circumstance, so that the interest protected by the constitutional guarantee that has been…
Marijuana Vehicle Searches; California’s Marijuana Laws vs. Federal Law and more...
The lawful possession of marijuana in a vehicle, by itself, does not supply the necessary probable cause needed to allow for a search of that vehicle for more marijuana. A closed container of not more than 28.5 grams of marijuana in a vehicle, even…
Detentions for Investigation; Bulges in a Person’s Clothing
A bulge in a person’s clothing that may in a police officer’s training and experience be a concealed firearm, is sufficient reasonable suspicion to believe that the person is in illegal possession of a firearm, justifying that person’s detention for…
Brady v. Maryland and Undisclosed Impeachment Evidence: Statutorily Protected Confidential Records...
A prosecutor has a duty under Brady v. Maryland to specifically inform defense counsel of the existence of records and/or reports which contain potentially impeaching information. The fact that such records and/or reports are made confidential by…