The Hearsay Evidence Rule and dying declarations – important final statements for use later in court
13 May, 2023
Ray Hill
From the Classroom: The Hearsay Evidence Rule – Dying Declarations  By Ray Hill   Professor Emeritus, Santa Rosa Junior College  “O! But they say the tongues of dying men enforce attention like deep harmony: Where words are scarce, they are seldom…
These exceptions to the Hearsay Evidence Rule can come in handy for investigators.
10 May, 2023
Ray Hill
From the Classroom: The Hearsay Evidence Rule, Prior Statements of Witnesses  By Ray Hill   Professor Emeritus, Santa Rosa Junior College   This is the ninth in a series of bulletins covering the California Evidence Code and criminal investigations…
CA Appellate Courts in Conflict over "Creative Expression " -Fourth DCA rejects retroactive application of 352.2 E.C.
28 Apr, 2023
Ray Hill
By: Ray Hill, Professor Emeritus, Santa Rosa Junior College  Special Attention: Judicial Officers, Prosecutors, Private Counsel and Law Enforcement Investigators. Evidence Code Section 352.2 Requiring a Magistrate to Weigh the Proof Value of Rap…
The Premeditation Element of Burglary Cannot Be Presumed
22 Apr, 2023
Ray Hill
The Premeditation Element of Burglary Cannot Be Presumed (Peo. v. Myles (2023) 4DCA, 2023 WL 2607483, 2023 Cal. App. Lexis 214).  By: Ray Hill, Professor Emeritus, Santa Rosa Junior College  This case is not the biggest burglary in the annals of…
Are people allowed to "livestream" their contacts with Law Enforcement?
19 Apr, 2023
Robert Phillips
By Robert Phillips, Deputy District Attorney (Ret). A person “livestreaming” a citizen-police contact raises the same First Amendment issues as does simply videotaping that same contact. The majority of the federal Circuit Courts of Appeal have held…
Expressive Honking and Veh. Code § 27001
17 Apr, 2023
Robert Phillips
Expressive Honking and Veh. Code § 27001: Unnecessarily honking one’s car horn is a violation of V.C. § 27001, even when done for the purpose of expressing a political or social viewpoint. By Robert Phillips, Deputy District Attorney (Ret). Have you…
The Hearsay Evidence Rule – Spontaneous Statements
09 Apr, 2023
Ray Hill
  From the Classroom By: Ray Hill, Professor Emeritus, Santa Rosa J.C. The Hearsay Evidence Rule – Spontaneous Statements This is the seventh in a series of bulletins covering the California Evidence Code and criminal investigations. We begin…
The Hearsay Evidence Rule – Admission and Confessions
09 Apr, 2023
Ray Hill
From the Classroom By: Ray Hill, Professor Emeritus, Santa Rosa J.C.      The Hearsay Evidence Rule – Admission and Confessions  This is the sixth in a series of bulletins covering the California Evidence Code and criminal investigations. This next…
New Evidence Code section on “Creative Expression” could open floodgates on old cases.
25 Mar, 2023
Ray Hill
CASE LAW ALERT By Ray Hill Professor Emeritus, Santa Rosa Junior College Ruling and Issue Retroactivity – A 2000 murder case is remanded for retrial to reevaluate the introduction of creative expression evidence (352.2 E.C.).People v. Venable (2023…
Be Mindful of the “Community Caretaking” Guidelines When Conducting Vehicle Inventory Searches
03 Mar, 2023
Ray Hill
From the Classroom  By Ray Hill  Professor Emeritus, Santa Rosa Junior College  Vehicle Inventory Searches and the “Community Caretaking” Function  Background  With the proliferation of “side shows” in Sonoma County, I had an “OG” officer tell me: “…