THE CALIFORNIA LEGAL UPDATE
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The California Legal Update - November 4, 2024
- 9th Circuit Affirms Qualified Immunity for Officers After Bystander Injured in Pursuit Shooting
- Ninth Circuit Rules Police K-9 Use Constituted Excessive Force in Case of Unarmed Suspect's Surrender
- Death Penalty Case Rules on Photo Lineups, IDs, Miranda, Sixth Amendment, Speedy Trial, Racial Justice
The California Legal Update - October 14, 2024
- Marijuana Case Brings Clarity on Open Containers in Vehicles and Whether a Warrantless Search is Lawful
- Does it Violate Miranda to Have an Informant Question Suspect After He’s Invoked the Right to Counsel?
- In Landmark Case, 9th Circuit Rules Against Use of Deadly Force on Non-Threatening Armed Person
The California Legal Update - September 22, 2024
- Ninth Circuit Limits High-Risk Vehicle Stops: New Potential Liability Risks for Police
- California Court Clarifies Rules on Prolonged and Pretextual Traffic Stops
- Ninth Circuit ruling limits Use of Deadly Force Immunity in a Knee to the Neck and Back Case
The California Legal Update - September 1, 2024
- Ninth Circuit Rules Parole Questions During Traffic Stops Are Constitutionally Valid
- Ninth Circuit Rules Deadly Force Justified in the Fatal Shooting of a Knife-Wielding, Mentally Ill Man
- To Search or Not to Search: Case Explores When it’s Lawful to Search an Impounded Car and When it’s Not
The California Legal Update - August 1, 2024
- The legality of inventory searches of an arrestee’s personal belongings without booking
- Court Invalidates Evidence Discovered After Group Detention Expires
- Court Rules Forcing Parolees to Use Biometrics to Unlock Phones Is Lawful
The California Legal Update
- Court Rules on Detentions vs. Consensual Encounters Amid Implicit Bias Concerns
- When is the Use of Deadly Force Lawful? And Does “Legal” Equate to Right?
The California Legal Update
- Emerging Legal Issues in Compelling the Use of One’s Fingerprint to Open a Phone
- Beware Explicit and Implicit Bias: The California Racial Justice Act Has No Tolerance for Racism
The California Legal Update - April 7, 2024
- Can You Detain Non-Suspects with No Reasonable Suspicion to Believe They Are Involved in a Crime?
- Fourth Amendment Waiver Searches: Don’t Prolong a Detention Beyond Why You First Stopped a Driver
- More on Prolonged Detentions: Careful Not to Stray from the ‘Mission of the Traffic Stop’
The California Legal Update - March 1, 2024
- Detentions and Consent: When Do Legal Searches Turn Illegal, and Potential Evidence Suppressed?
- New Case on Consent Searches When Tenants’ Wishes Conflict, and When a Suspect is “Present” to Object
- New Decision Rules on Constitutionality of Fixed-Camera Monitoring in Public
The California Legal Update - January 21, 2024
- New, Rare Case on Wiretaps, Prescription Databases, GPS Tracking Warrants and Wiretap Statutes
- DUI Blood Draws and Implied vs. Express Consent, a Complex Issue
The California Legal Update - December 24, 2023
- Free Speech, the First Amendment, and Time, Place and Manner Restrictions in Public Spaces
- New Fourth Amendment Ruling Discusses Undercover Searches and Residential Entries While Recording
- Deadly Force, Qualified Immunity and Civil Liability: We’re Not in California Anymore with This Case
The California Legal Update - November 30, 2023
- Can you coerce a subject into allowing you to search his vehicle? When is consent voluntary – or not?
- What’s the Standard for Knowing if a Suspect is Subject to a Fourth Amendment Waiver Search?
- Miranda Invocations and Waivers: Timing Is Important When a Suspect Talks After Waiving His Rights
The California Legal Update - October 26, 2023
- All About Pretext Stops, Unduly Long Detentions and Weapons Pat Downs: What’s Legal, from a New Ruling
- Automobile Exception to Search Warrant Rules: In a Warrantless Search, Probable Cause Still Required
The California Legal Update - September 23, 2023
- Geofence Warrants – Be Specific in Time, Location and Scope of What You’re Seeking
The California Legal Update - August 21, 2023
- Can Law Enforcement Impound a Vehicle Solely for Unpaid Parking Citations? New Case Law Clarifies
- Use of deadly force on a suspect armed with a replica firearm
- Exploring a Citizen’s Refusal to Cooperate, Probable Cause to Arrest Them, Use of Force and Retaliation
The California Legal Update - July 9, 2023
- New Appellate Decision Clarifies Legal Use of Cuffs and Firearm During a Detention
- California Supreme Court Limits Absolute Immunity for Public Employees’ Actions During Investigations
- Appeals Ruling Clarifies What’s Needed in a DNA-Related Search Warrant Affidavit
The California Legal Update June 24, 2023
- Convicted felons are not included in the Second Amendment’s protection of a citizen’s right to bear arms
- Temporary DVROs: What if the subject hasn’t been served? What if they don’t know it exists?
- Case Alert: Circuit Court Rules on the “Danger Doctrine” and How it Applies in Civil Cases
The California Legal Update - May 13, 2023
- A geofence search warrant must particularly describe the thing or place to be searched and the property
- The Use of Deadly force and the Duty to Warn
The California Legal Update - April 9, 2023
- A Statute That Purports to Make Illegal the Videotaping of Police in Public Violates the 1st Amendment
- Searches of Vehicles for Marijuana & Persons under the age of 21 may not legally possess marijuana.
- An illegal detention may poison an otherwise lawful search under the “fruit of the poisonous tree"...
The California Legal Update, March 7, 2023
- Prolonged Detentions and Seizure of an Item that is Lawful to Possess
- Impoundment and Inventory Searches of an Arrestee’s Vehicle
The California Legal Update, January 29 2022
- Spotlighting Suspect Vehicles
- Did Detectives Dodge a Bullet? When Giving Miranda Rights in English and Spanish, Do it By the Book
The California Legal Update December 16, 2022
- Disturbing the Peace and Refusing to Identify
- Talking an In-Custody Suspect into Changing his Mind Concerning a Prior Invocation
- Fourth Waiver Searches of Vehicles
The California Legal Update - November 19, 2022
- Using a roadblock to stop a fleeing suspect is a Fourth Amendment seizure of the person
- Prolonged Detentions and Franks Hearings
The California Legal Update - October 29, 2022
- Gang-Tackling an Arrestee and the Issue of Excessive Force; Qualified Immunity as it Relates to...
- Immunity From Civil Liability For Law Enforcement Officers and Agencies
- The necessary elements of a DUI/marijuana implied malice second degree murder case
The California Legal Update - September 17, 2022
- The Use of Social Media and a Public Employee’s Freedom of Speech
- An officer asking to check a driver’s license at a DUI checkpoint is lawful
- The Use by Law Enforcement of Excessive Force and Civil Liability
The California Legal Update (August, 2022)
- Prolonged pretextual traffic stops are a violation of the Fourth Amendment.
- Coerced Confessions and Offers of Leniency
- Search Warrants and Probable Cause
The California Legal Update (July 2, 2022)
- Criminal History and Warrant Checks as a part of the “Mission” of a Traffic Stop.
- Suing federal officers under authority of Bivens v. Six Unknown Fed. Narcotics Agents.
- Miranda as a Prophylactic Rule and the Fifth Amendment:
The California Legal Update (June, 2022)
- The Fourteenth Amendment Due Process and the Use of Deadly Force
- The First Amendment Freedom of Expression and Retaliatory Arrest
The California Legal Update - May, 2022
- The Warrantless Seizure of an Automobile from Another’s Private Property
- Pat Down for Weapons
- Cruel and Unusual Punishment Imposed by Federal Correctional Officers
The California Legal Update - April 2022
- Special Relationships and the Duty to Warn
- Unconscious DUI Suspects and Warrantless Blood Draws
- Turning Movements While Failing to Signal
- The Use of Reasonable Force in Arresting Protestors Engaged in Unlawful Protests
The California Legal Update
- Medicinal Marijuana and the Due Process Clause
- Forfeiting a Miranda Issue by Not Objecting & The Wearing of Facemasks and the Right to Confrontation.
- Possession of a Controlled Substance While Armed and the Second Amendment Right to Bear Arms
- Forfeiture and Coerced Confessions
The California Legal Update
- Illegal Detentions and Observations
- An In-Custody Suspect’s Reinitiation of Interrogation after Repeated Invocations
- Use of a Patrol Unit’s Digital In-Car Video System (“DICVS”) in a Police Disciplinary Proceeding
The California Legal Update
- The Private Search Doctrine and Computerized Hashing Technology
- Sloppy investigations and unprepared prosecutions can result in sanctions and dismissal
The California Legal Update
- Officers Kneeling on an Arrestee’s Back and Civil Liability
- Detaining Passengers in a Lawfully Stopped Vehicle.The Proof Requirements for Aggravating Circumstances
- Questioning criminal suspects who are not in custody does not require a Miranda advisal or waiver.
The California Legal Updated (October 2021)
- The Seibert Two-Step Interrogation Tactic
- Robbery; the Force or Fear Element
- Interrogating Minors and Beheler Admonishments
Legal Update Issue Vol 26 No. 10
- Searches Within the Curtilage of a Home
- Detentions, Consensual Encounters, and Patdowns for Weapons
- Warrantless Searches of Vehicles; Searching Cellphones; Questioning In-Custody Witnesses
Issue Vol. 26 No. 9
- Vehicle Searches and the Odor of Marijuana
- Use of Force in Subduing an Unruly Arrestee/ The Use of Force and Civil Liability:
- Qualified Immunity, A Suspect’s Right against Self-Incrimination, and Due Process
Issue Vol .26 No. 8
- Fleeing Misdemeanants and Hot Pursuits by Law Enforcement
- Resisting Arrest
- Body Cavity Searches of Jail Inmates
Consolidated Legal Update (June 16, 2021)
- Probation Fourth Waiver Searches & Good Faith Belief in the Existence of a Fourth Waiver
- Searches of Vehicles Upon the Arrest of It’s Occupant
- Residential Search Warrants
- Questioning a Detained Suspect and the Necessity for a Miranda Admonishment and Wavier
Legal Update May 21, 2021
- Brady Error and Suggestive Pretrial Identifications
- Pen. Code § 148(a)(1); Resisting Arrest Pitchess Motions
- The Community Caretaking Doctrine does not apply to the entry or search of a residence
Legal Update No. 5
- Shooting a Fleeing Suspect as a Fourth Amendment Seizure
- Bivens Actions and a Federal Officer’s Civil Liability
- Leaning into a Vehicle as a Fourth Amendment Search
- A Prostitute’s Right to Privacy and P.C. § 632
Legal Update Vol. 26 No. 4
- Deadly Force, the Fourth Amendment, and State Negligence Allegations
- Multiple police officers contacting persons on the street, with a police vehicle’s emergency lights
- Miranda Violations and Civil Liability
Legal Update Vol. 26 No. 3
- Detentions for Investigation
- Social Media and First Amendment Freedom of Speech Rights
- For an attorney to tell a potential victim or witness to a crime committed, or to be committed, by the
Legal Update Volume 26 No. 2
- A Key Insertion into a Vehicle’s Door Lock as a Fourth Amendment Search
- Booking Questions and Minors
- Use of Force in Making an Arrest
- Obstructing a Law Enforcement Officer in the Performance of his Duties
The California Legal Update
- Searches of Vehicles for Marijuana
- The Use of a Ruse by Law Enforcement
- Private Person Searches
Legal Updates- New Issue
- Detentions for Investigation; Bulges in a Person’s Clothing
- Marijuana Vehicle Searches; California’s Marijuana Laws vs. Federal Law and more...
- Warrantless Entries into Residence; The Attenuation Doctrine and Attenuation of the Taint: Fruit of ...
- P.C. § 1538.5 Motions and Illegal Detentions: P.C. § 148(a)(1) When Perpetrated During an Unlawful ...
- Prison Visitors’ Strip Searches
The California Legal Update
- Writ of Habeas Corpus; Miranda Waivers; Incomplete Admonishments; Confessions & Involuntariness of ...
- Kelly Test Requirements and Dog Scent Trailing Evidence; Foundational Requirements for Dog Scent Trailing Evidence:
- Brady v. Maryland and Undisclosed Impeachment Evidence: Statutorily Protected Confidential Records...
THE NEW YORK UPDATE (test) doesn't show up anywhere.
- Search Warrants and the Seizure of Electronic Devices:
- P.C. § 148(a)(1) and Refusing to Identify Oneself
- The Danger Doctrine and Civil Liability; Leaving a DV Victim in more danger; Qualified Immunity...
