Bail; SB10
RC Phillips, DDA, Ret.
October, 2021
On August 28, 2018, Governor Brown signed SB 10, which repeals California’s existing cash bail system and replaces it with a new law that assesses the risk level of the…
Estes Robbery
RC Phillips, DDA (Ret.)
October, 2021
This P&A examines two areas of robbery.
1) First, what is a “special relationship” for purposes of constructive possession? The P&A looks at takeover…
Drunk in Public
RC Phillips, DDA (Ret.)
October, 2021
On his front porch, or in his front yard, is "public" for purposes of 647(f) so long as it is an area open to the general public; i.e., is an area anyone would feel, under…
Racial Profiling
RC Phillips, DDA (Ret.)
October, 2021
Gov’t Code § 12525.5 (New; but see initial reporting dates, below): The Racial and Identity Profiling Act of 2015:
(a)
(1) Each state and local agency that…
Diversion on Misdemeanors
RC Phillips, DDA (Ret.)
October, 2021
P.C. § 1001.36: AB 1810
(a) On an accusatory pleading alleging the commission of a misdemeanor or felony offense, the court may, after considering the…
Consanguinity
RC Phillips, DDA (Ret.)
October, 2021
A person is related by consanguinity (blood) in the:
First degree, if the person is your:
mother or father
brother or sister
son or daughter…
Community Caretaking and Impounding Vehicles
RC Phillips, DDA (Ret.)
Updated on November, 2021
Driving on a Suspended or Revoked License (or Never Had a License), per V.C. § 14601.1 (or V.C. § 12500), and the Community…
Open Carry
RC Phillips, DDA (Ret.)
October, 2021
P.C. § 26350. Crime of openly carrying an unloaded handgun; Application
(a)
(1) A person is guilty of openly carrying an unloaded handgun when that person…
Cohabitating for Purposes of a Domestic Violence Case
Robert C. Phillips
DDA (Ret.)
October, 2021
Battery Upon an Unrelated Roommate: The Issue of “Cohabitating:” I’ve been asked whether it qualifies as a “domestic…
Operation of Police Vehicles
RC Phillips, DDA (Ret.)
October, 2021
Under former statutes governing operation of motor vehicles, where it was provided that exception respecting emergency vehicles should not include primary…
