Drunk in Public RC Phillips, DDA (Ret.) October, 2021 On his front porch, or in his front yard, is "public" for purposes of 647(f) so long as it is an area open to the general public; i.e., is an area anyone would feel, under the specific…

Racial Profiling RC Phillips, DDA (Ret.) October, 2021 Gov’t Code § 12525.5 (New; but see initial reporting dates, below): The Racial and Identity Profiling Act of 2015: (a)  (1) Each state and local agency that employs peace officers shall annually…

Diversion on Misdemeanors RC Phillips, DDA (Ret.) October, 2021 P.C. § 1001.36:  AB 1810 (a) On an accusatory pleading alleging the commission of a misdemeanor or felony offense, the court may, after considering the positions of the defense and…

Consanguinity RC Phillips, DDA (Ret.) October, 2021 A person is related by consanguinity (blood) in the: First degree, if the person is your: mother or father brother or sister son or daughter Second degree, if the person is your: grandmother or…

Community Caretaking and Impounding Vehicles RC Phillips, DDA (Ret.) Updated on November, 2021 Driving on a Suspended or Revoked License (or Never Had a License), per V.C. § 14601.1 (or V.C. § 12500), and the Community Caretaking Doctrine:  In the…

Open Carry RC Phillips, DDA (Ret.) October, 2021 P.C. § 26350. Crime of openly carrying an unloaded handgun; Application (a)  (1)  A person is guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed…

Cohabitating for Purposes of a Domestic Violence Case Robert C. Phillips DDA (Ret.) October, 2021 Battery Upon an Unrelated Roommate: The Issue of “Cohabitating:”  I’ve been asked whether it qualifies as a “domestic violence” incident when two…

Operation of Police Vehicles RC Phillips, DDA (Ret.) October, 2021 Under former statutes governing operation of motor vehicles, where it was provided that exception respecting emergency vehicles should not include primary regulation requiring “due…

Booking Questions & Miranda Robert C. Phillips Deputy District Attorney (Ret.) October, 2021             Some four years ago, the Fourth District Court of Appeal (Div. 2) seemingly resolved an often-debated issue when it published an opinion on…

Trespass Statutes RC Phillips, DDA, Ret. October, 2021 § 602. Trespasses; What acts included; Punishment Except as provided in subdivision (u), subdivision (v), subdivision (x), and Section 602.8, every person who willfully commits a trespass by any…