Miranda and the Law: The Fifth Amendment

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Miranda and the Law:
The…

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First Amendment Right to Photograph/Videotape the Police and Confiscating Video Evidence

By Robert C. Phillips, Deputy District Attorney (Ret)
Updated September, 2022

The Question:

I am periodically asked whether officers can legally seize from private citizens videotaped or photographed evidence depicting…

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Miranda Update #6 -Voluntary Interviews in the Jail

"FROM THE CLASSROOM"
By Ray Hill, Professor Emeritus, Santa Rosa Junior College

“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…

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The Second Amendment as it relates to Large Capacity Magazines to be reconsidered

By Robert Phillips, Deputy District Attorney (Ret).

In November, 2021, the Ninth Circuit Court of Appeal in Duncan v. Bonta (9th Cir. 2021) 19 F.4th 1087, reversed a federal district court judge’s findings related to “large capacity…

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Law Against Loitering for the Purpose of Engaging in a Prostitution Offense Repealed (653.20 / 653.22 P.C.)

By: Ray Hill, Professor Emeritus, Santa Rosa Junior College

Law Against Loitering for the Purpose of Engaging in a Prostitution Offense Repealed (653.20 / 653.22 P.C.)

Governor Newsome signed AB 357 which will repeal California’s…

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Constitutionally Protected Expressive Activity & the First Amendment: “Who Ya Gonna Call?”
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Police Officer Joseph Anthony Santana

Police Officer Joseph Santana and Corporal Michael Paredes were shot and killed while responding to a domestic violence call at 10327 Garvey Avenue.

At 4:45 pm, Officer Santana and Corporal Paredes responded to a report of a possible…

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Second Amendment Update; New York’s Restrictive Permit Requirements

By Robert Phillips, Deputy District Attorney (Ret).

Second Amendment Update; New York’s Restrictive Permit Requirements.

A statute that requires a “special need” to carry a concealed pistol or revolver in public violates the Second…

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