Confiscating Video Evidence
Confiscating Video Evidence
Robert C. Phillips
DDA (Ret.)
January, 2020
The Question:
I am periodically asked whether officers can legally seize from private citizens videotaped or photographed evidence depicting criminal acts. Such videos or…
Enlarging the Scope of a Detention
I’ve received a number of concerned inquiries asking about a new Oregon Supreme Court decision entitled State v. Arreola-Botello (Nov. 15, 2019) 365 Or. 695, where it was held that for purposes of Article I, section 9 of the Oregon Constitution,…
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 previous California Legal Update (Vol. 24, #11, Oct. 28, 2019), my brief of a Fourth District Court of Appeal (San Diego) decision, People v. Lee (Oct. 3, 2019) 40 Cal.App.5th 853, brought forth a number of (sometimes) irate (“don’t kill the…
Gun Violence Restraining Orders
In The California Legal Update (Vol. 24, #9; August 30, 2019), I wrote an Administrative Note on “Red Flag Statutes” dealing with the procedures for law enforcement officers and/or “immediate family members” (soon to be expanded to educators,…
Pen. Code. § 991 -Judicial Determination of Probable Cause in Misdemeanor InCustody Cases
Need-to-know stuff for judges and prosecutors (as well as defense attorneys): Pursuant to paragraph (a) of section 991: “If the defendant is in custody at the time he appears before the magistrate for arraignment and, if the public offense is a…
Protecting Our Children From Internet Predators
Protecting Our Children From Internet Predators
Robert C. Phillips
DDA (Ret.)
October, 2019
It is not disputed that our nation’s youth are amongst our most precious assets, to be guided, nurtured, and protected at all costs. As such, a child’s…
SB 192: Repeal of P.C. §§ 150 & 1550; “Posse Comitatus”
P.C. § 150 provides that a uniformed peace officer, or any peace officer described in P.C. §§ 830.1, 830.2(a), (b), (c), (d), (e), or (f), or 830.33(a), has authority to command any “able-bodied” individual over the age of 18 to assist in an arrest…
The Right to Confrontation and Testimonial Pre-Trial Statements
The Right to Confrontation and Testimonial Pre-Trial Statements
Robert C. Phillips
DDA, Retired
August, 2019
There are few situations in life more unfair and frustrating than being accused of something that, whether or not true, may be detrimental…
Marijuana In Prison or Jail
The Third District Court of Appeal held in People v. Raybon (June 11, 2019) __ Cal.App.5th __ [2019 Cal.App. LEXIS 532] (Sacramento County), that upon enactment of H&S § 11362.1, legalizing the possession of recreational marijuana by persons 21…
Sealing Search Warrants
The California Supreme Court held some 25 years ago that in limited circumstances, a court is empowered to seal a search warrant and/or any attached affidavits pending later court hearings. (See People v. Hobbs (1994) 7 Cal.4th 948.) The net effect…
