Office of the
District Attorney
Alameda County
Nancy E. O'Malley, District Attorney

2001 Editions

Articles

Police Interrogation Superseded by Summer 2009 article
Pat Searches: Superseded by Winter 2008 article.
Protective Car Searches: Superseded by Winter 2008 article
Police Surveillance: Superseded by Winter 2007 article.
Protecting Surveillance Sites

Recent Cases

People v. Zichwic (15Kb) (2001) 94 Cal.App.4th 944
ISSUE: Is a search warrant required to attach an electronic tracking device to the undercarriage of a vehicle parked in a driveway?

U.S. v. Knights (2001) 534 U.S. 112
ISSUE: Was a probation search of a bombing suspect's apartment unlawful because the purpose of the search was to investigate a crime rather than rehabilitate the suspect?

People v. Graves (2001) 93 Cal.App.4th 1171
ISSUE: Was Graves "set up" by prosecutors or Secret Service agents?

People v. Slayton (2001) 26 Cal.4th 1076
ISSUE: Did officers violate Slayton's Sixth Amendment right to counsel when they questioned him about an uncharged crime that was "closely related" to a charged crime for which he was represented by an attorney?

Lugtu v. California Highway Patrol (2001) 26 Cal.4th 703
ISSUE: When an officer makes a traffic stop, does he have a duty of reasonable care to the occupants of the car?

Ford v. Superior Court (2001) 91 Cal.App.4th 112
ISSUES: (1) Was a murder suspect illegally seized at some point while waiting to be interviewed by officers? (2) If not, was he illegally seized before subsequent interviews?

People v. Schofield (2001) 90 Cal.App.4th 968
ISSUE: Under what circumstances may an officer make a warrantless DUI arrest when the crime was not committed in the officer's presence?

Kyllo v. United States (2001) 533 U.S. 27
ISSUE: Under what circumstances must officers obtain a warrant to utilize surveillance technology that "looks" inside homes?

People v. Bush (2001) 88 Cal.App.4th 1048
ISSUE: During a routine traffic stop, may officers conduct a protective search of a car based on six-year old information that the driver had an arrest record for possession of weapons?

Atwater v. City of Lago Vista (2001) 532 U.S. 318
ISSUE: Is it a violation of the Fourth Amendment for an officer to make a warrantless custodial arrest for a violation of a misdemeanor punishable by only a fine?

In re Elizabeth G. (2001) 88 Cal.App.4th 496
ISSUE: Did exigent circumstances justify the occupation and securing of a home pending issuance of a search warrant?

Texas v. Cobb (2001) 532 U.S. 162
ISSUE: Is it a violation of the Sixth Amendment right to counsel for officers to question a suspect about a crime that is "closely related" to a crime with which he has been charged and is represented by counsel?

In re Ivan J. (2001) 88 Cal.App.4th 27
ISSUE: Does a detainee violate Penal Code section 148.9(a) if he gives his correct name but lies about his date of birth?

In re Ian C. (2001) 87 Cal.App.4th 856
ISSUE: May a juvenile be searched as an incident to a "custodial arrest" if he will be transported to a curfew center?

Illinois v. McArthur (2001) 531 U.S. 326
ISSUE: Under what circumstances may officers prevent a person from entering his home pending issuance of a warrant to search the premises?

People v. Peracchi (2001) 86 Cal.App.4th 353
ISSUE: Did officers violate a suspect's Miranda rights by asking him why he wanted to remain silent?

U.S. v. Hammett (9th Cir. 2001) 236 F.3d 1054
ISSUES: Did officers violate the Fourth Amendment when they walked onto the defendant's property and, thereafter, walked around his home? (2) Was a search warrant invalid as the result of a mistake made by the affiant?

People v. Lim (2001) 85 Cal.App.4th 1289
ISSUE: Did officers violate a suspect's Miranda rights by asking him why he wanted to remain silent?