Kelly Test Requirements and Dog Scent Trailing Evidence; Foundational Requirements for Dog Scent Traili
Dog scent trail evidence is admissible without the need to meet the foundational and reliability requirements as described in People v. Kelly (i.e., the “Kelly/Frye test”). Dog scent trailing evidence is admissible so long as a proper foundation is…
Writ of Habeas Corpus; Miranda Waivers; Incomplete Admonishments; Confessions & Involuntariness of ...
Federal habeas corpus relief is available only when the federal court finds that a state court’s rulings were either (1) contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of…
Search Warrants and the Seizure of Electronic Devices
An officer’s objective and reasonable (i.e., in “good faith”) reliance upon a subsequently invalidated search warrant, unless the warrant is based on an affidavit so lacking in indicia of probable cause as to render official belief in the existence…
The Danger Doctrine and Civil Liability; Leaving a DV Victim in more danger than found; Qualified Im...
A law enforcement officer may be civilly liable where the officer’s affirmative actions create or expose a plaintiff to an actual, particularized danger that he or she would not otherwise have faced, the resulting injury was foreseeable/ When a law…
P.C. § 148(a)(1) and Refusing to Identify Oneself
Refusing to identify oneself to an officer who intends to write a citation to that person for an infraction offense violates P.C. § 148(a)(1): Resisting, obstructing, or delaying an officer in the performance of his or her duties.