The Public Safety Officers Procedural Bill of Rights and the Statute of Limitations
The Public Safety Officers Procedural Bill of Rights and the Statute of Limitations
An Editorial By Robert C. Phillips, Deputy District Attorney (Ret).
Gov’t. Code § 3304(d)(1) of the Safety Officers Procedural Bill of Rights Act provides for a one-…
What Is An Officer’s Duty to Intercede in Excessive Force Cases? An editorial by Robert Phillips, DDA (Ret).
California Legal Updates EditorialBy Robert PhillipsDeputy District Attorney (Ret.)
The Duty to InterveneLaw enforcement officers have a duty to intervene when witnessing another officer’s use of excessive force. Failing to do so exposes the witness…
Intentional Miranda violations are discouraged in the law.
In the unpublished Second District Court of Appeal (Div. 4) decision of People v. Rivera (Aug. 19, 2022) 2022 Cal. App. Unpub. LEXIS 5130—a double homicide case—the Court rejected the defendant gangster Miguel Rivera’s objections to the…
Trial by Zoom - Special Attention Judges & Trial Attorneys
By Robert Phillips, Deputy District Attorney (Ret)
Trial by Zoom: Ahhh . . . , the wonders of modern technology. In this era of everyone’s possible exposure to COVID-19, and considering the nature of jury trials where judges, attorneys, defendants…
Using the Wrong Pronoun at Trial and Prosecutorial Misconduct (Special Attention Prosecutors)
By Robert Phillips, Deputy District Attorney (Ret).
A prosecutor’s failure to use the pronoun with which a defendant chooses to identify (i.e., “misgendering”) constitutes prosecutorial misconduct.
“Misgendering:” The word of the day, particularly…
Law Enforcement Quotas
By Robert Phillips, Deputy District Attorney (Ret).
Except for Vehicle Code violations, citizen contact quotas are not illegal in California even though probably not a good idea.
I’ve recently heard rumors concerning various California law…
George Gascón’s “Special Directives” as they relate to the pleading and proving of sentencing enhancements and allegations are illegal and unenforceable.
By Robert Phillips, Deputy District Attorney (Ret).
LA DA George Gascón and the Demise of his “Special Directives:”
George Gascón’s “Special Directives” as they relate to the pleading and proving of sentencing enhancements and allegations are…
Drug Dealers and Their Constitutional Rights
It’s not much of a secret that the City of San Francisco has over the years developed some serious social issues, what with open drug dealing and general homelessness plaguing certain areas of the city. I won’t get into the politics of those…
The “Stalking Horse” Theory for Parole and Probation Fourth Waiver Searches
The “Stalking Horse” Theory for Parole and Probation Fourth Waiver Searches.
By Robert Phillips, Deputy District Attorney (Ret).
Have you ever heard of the “stalking horse” theory, as it relates to parole and probation Fourth waiver…
Defamation Civil Suits Brought by Law Enforcement Officers
Defamation Civil Suits Brought by Law Enforcement Officers.
A false accusation against a police officer alleging the unlawful use of deadly force may be grounds for a civil suit against the officer’s accuser.
In this era of heightened public…
