To Invoke or Not to Invoke: That is the Question
To Invoke or Not to Invoke: That is the Question
By Robert C. Phillips
DDA; Retired
Perhaps influenced by television’s often perverted cop-show portrayals of the typical custodial interrogation situation, it is easy to forget the United…
Geofence Search Warrants
Ever hear of a “geofence search warrant” (AKA; Reverse Location Warrant)? I had not, at least until recently turned onto the subject by a concerned investigator. A geofence (or “geo-fence”) warrant is a search warrant issued by a court allowing law…
Aerial Surveillance
In April, 2020, the Baltimore City Policy Department entered into a contract with an organization called “Persistent Surveillance Systems,” or “PSS,” for the purpose of conducting an “Aerial Investigation Research” (“AIR”) pilot program in Baltimore…
Still not getting the California Legal Update?
If you have attempted to sign up to get on the California Legal Update subscriber e-mail list, but still aren’t getting it (and are therefore reading someone else’s copy right now), it is not because your request has been purposely ignored. I have…
United States v. Cano; Border Searches
In California Legal Update, Vol. 25, #5 (Apr. 16, 2020), I briefed the Ninth Circuit case of United States v. Cano (9th Cir. Aug. 16, 2019) 934 F.3rd 1002, where the Court reversed the defendant’s conviction, holding that his cellphone had been…
California Values Act (Gov’t. Code § 7284.6), Constitutionality as to Charter Cities
Gov’t. Code § 7284.6 (California Values Act); Constitutionality as to Charter Cities: Gov’t. Code § 7284.6, part of the “California Values Act” (Gov’t. Code §§ 7284-7284.12)—effective as of January 1, 2018—was recently upheld by the Fourth District…
Constitutional and Statutory Issues Raised by Delays in Criminal Proceedings; Part II
I noted in the last edition of the California Legal Update (Vol. 25, #9, July 14, 2020), citing Stanley v. Superior Court (2020) 50 Cal.App.5th 164, that the current pandemic establishes “good cause” to delay a defendant’s statutory speedy trial…
Second Amendment Update; Large Capacity Magazines
Hot off the press; the Ninth Circuit Court of Appeal just affirmed the federal district court’s summary judgment in favor of plaintiffs challenging California Government Code § 32310, which attempted to ban possession of large-capacity magazines; i.…
Constitutional and Statutory Issues Raised by Delays in Criminal Proceedings
For those of you (including me) who have been wondering what the legal effects might be of all the recent delays in criminal court proceedings, given a criminal defendant’s statutory and constitutional rights to a “speedy trial,” the first case…
Second Amendment, Right to Bear Arms; An Update
For those of you who are concerned about your Second Amendment right to bear arms, several important cases have been in the news lately: Nationally: The U.S. Supreme Court, in N.Y. State Rifle & Pistol Ass’n v. City of N.Y. (Apr. 27, 2020) __ U.…
