Beware Explicit and Implicit Bias: The California Racial Justice Act Has No Tolerance for Racism
A 2023 attempted murder conviction was reversed on appeal and sent back to trial court after the defendant showed the prosecutor used racially biased and racially coded language in the case. The RJA took effect in 2021 with the intent of ensuring…
Emerging Legal Issues in Compelling the Use of One’s Fingerprint to Open a Phone
The use of “biometrics” such as fingerprints to force the opening of private devices can raise multiple Constitutional arguments, reminding detectives to be precise in search warrant requests to assure admissibility of evidence seized after a…
Case Alert: Be Careful, This New State Supreme Court Decision May Change How You Do Your Job Today
Unanimous California High Court decision says police officers cannot detain someone simply because that person tries to avoid interacting with them, noting that many people of color perceive that engaging with police at all, even in innocuous ways,…
More on Prolonged Detentions: Careful Not to Stray from the ‘Mission of the Traffic Stop’
This issue is related to another just-published article exploring Fourth Amendment Waiver searches. Diverting from the “mission of the traffic stop” to investigate other, unrelated potential criminal violations may convert an otherwise lawful…
Fourth Amendment Waiver Searches: Don’t Prolong a Detention Beyond Why You First Stopped a Driver
A 2023 appellate case from Sacramento illustrates problems when an officer prolongs a detention during a traffic stop by asking about other possible criminal activity first, before discovering a subject’s Fourth Amendment probation waiver and…