Forced Self-Quarantining...
“So (you might ask); does a state have the legal authority to impose self-quarantining and other mandatory exposure-reducing requirements (e.g., “social distancing,” staying home, wearing face masks, etc.) as a means of combating the COVID-19…
Unanimous Jury Verdicts
The United States Supreme Court, overruling earlier authority to the contrary (see Apodaca v. Oregon (1972) 406 U.S. 404, and Johnson v. Louisiana (1972) 406 U.S. 356.), held late last month in a seriously fractured, split (6-to3) decision, that…
Is Marijuana Addictive?
As of today, eleven states and the District of Columbia have fully legalized the recreational use of marijuana; more modernly referred to as “cannabis.” California, of course, is among those states. In addition to these 12, twentytwo other states…
The Insanity Defense
The U.S. Supreme Court ruled last month that the U.S. Constitution’s Due Process Clause does not require states to provide criminal defendants with an insanity defense to criminal liability. (Kahler v. Kansas (Mar. 23, 2020) __U.S.__ [140 S.Ct. 1021…
Everything You Ever Wanted to Know about Domestic Violence (And Maybe a Little More)
Everything You Ever Wanted to Know about Domestic Violence
(And Maybe a Little More)
Robert C. Phillips
Deputy District Attorney (Ret)
April, 2020
In November, 2011, thirty-four year-old Kathy Scharbarth was murdered on her birthday by her ex-…
Red Flag Statutes and the Need for a Search Warrant
In the California Legal Update, Vol. 25, #9 (Aug. 30. 2019), I wrote in that edition’s Administrative Notes a piece on California’s evolving “Red Flag” statutes (Pen. Code §§ 18100, et seq.), on the books since January 1, 2015, and expanded several…
Can Federal Officers be Prosecuted Under the New California Use-of-Force Statute?
California’s progressive Legislature passed an amendment to Penal Code § 835a (AB 392), effective as of January 1, 2020, tightening up the standards for an officer’s use of deadly force. (See California Legal Update, Vol. 24, #9, dated Aug. 30, 2019…
Battery Upon an Unrelated Roommate: The Issue of “Cohabitating:”
” I’ve been asked whether it qualifies as a “domestic violence” incident when two unrelated, not romantically nor intimately involved roommates get into an argument with one committing a battery on the other. My answer is “no,” . . . or at least, I…
Video Evidence: An Officer’s Right to Seize It; A Person’s Right to Record It
Video Evidence: An Officer’s Right to Seize It;
A Person’s Right to Record It
Robert C. Phillips
DDA (Ret.)
March, 2020
The Question:
I am periodically asked whether officers can legally seize from private citizens videotape or other photographic…
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)...
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…
