A 2023 appellate decision explores what “inhabited” means in relation to an arson of a dwelling, and adds more detail to the understanding of custodial vs. non-custodial questioning related to Miranda. We add helpful tips for use on the street.

Free Speech Nuances: Whether a person may exercise his or her First Amendment free speech or California Speech Clause rights at a specific location depends on whether the location at issue is a public forum.

What constitutes an invocation of one’s Miranda rights is different depending on whether that attempt to invoke happens at the beginning of questioning or after a waiver of those rights.

A law enforcement officer need only have probable cause to believe a person is on active parole before that person may be searched pursuant to a parole search condition. But be careful – arbitrary, capricious or harassing parole searches are…

A person’s consent to allow officers to search his or her vehicle is not voluntary when the consent is the product of coercion. Threatening to tow the vehicle, where it would be illegal to do so, constitutes coercion.