Whether you are a field officer or deputy responding to an initial report, a generalist in your agency responsible for follow-up on the case, or detective assigned to the continued investigation, privileges always have exceptions. I trust this article will give you a little more insight on husband/wife privileges and how you can further your case in the gathering evidence.

As long as there is reasonable suspicion to make the traffic stop, any ulterior motive of police officers is irrelevant (Arkansas v. Sullivan (2001) 532 U.S. 769).  Whether this stop was motivated by traffic enforcement, assignment to a special enforcement detail, vehicle presence in a high crime area, or curiosity and beat knowledge, it is of no matter under case law.

I received an agency inquiry about male patrons relieving themselves in parking lots and pedestrian corridors in the city’s crowded bar/restaurant district. Though not the most serious crime on this planet, such conduct is a nuisance and offends the general public trying to enjoy a night out. So here is a case on point that can used at your discretion. So another tool in your toolbox, if needed, when the time, place and circumstances fit.

With the holiday season approaching, we typically see an increase in reports of suspected DUI's by 911 callers.  This important bulletin clarifies best practices by patrol and dispatch personnel on how to respond to such calls, including the decision to "follow and observe" or the duty to stop the vehicle immediately. 

Among the rights the Sixth Amendment guarantees to a person accused in a criminal prosecution is the right to a speedy trial.  However, this right does not extend to everyone, even if considered to be a suspect in a criminal case, but only to those considered to be an “accused.” As noted by the U.S. Supreme Court: “On its face, the protection of the [Sixth] Amendment is activated only when a criminal prosecution has begun and extends only to those persons who have been ‘accused’ in the course of that prosecution.

This was a simple rule (now history) – If you arrested someone (no matter for what crime) from the passenger area of a vehicle, you were to search the passenger area (bright line) for any possible weapons, contraband or evidence. This past precedent was based upon officer safety and the theory that suspects in anticipation of arrest will dispossess of illegal goods and stash them in the passenger area.

By Robert Phillips, Deputy District Attorney (Ret). A couple of years ago, the federal Sixth Circuit Court of Appeal held that a city’s practice of chalking a person’s tires—done for the purpose of determining how long the vehicle is parked at a…

FROM THE CLASSROOM By: Ray Hill, Professor Emeritus, Santa Rosa JC “Its ‘402’ time, officer. Who wins, you or defense counsel”? Note: 402(b) E.C. – A pre-trial court hearing to determine the admissibility of an admission or confession. Welcome…

Interrogating Juveniles Robert C. Phillips, Deputy District Attorney (Ret). October 31, 2022 Necessary admonishments when interrogating minors under the age of 18. Agent Matt Ryan of the Campbell Police Department recently confronted me with his…

An October Case Alert written by Bob Phillips (“The Necessary Elements of a DUI/Marijuana Implied Malice 2nd Degree Murder” - LU Ref. #CAC00085 – Peo. v. Murphy) created important legal precedent in California. Big Legal Updates “kudos” to Los…