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

2002 Editions

Articles

Search Warrants: Superseded by Spring 2011 article.
Search Warrant Special Procedures: Superseded by Summer 2011article.
Probation and Parole Searches Superseded by Winter 2009 article.
Probable Cause: Superseded by Spring, Summer, and Fall 2008 articles.
Exigent Circumstances: Superseded by article in Winter 2010
Exigent Responses: Superseded by article in Winter 2010

Recent Cases

U.S. v. Alaimalo (9th Cir. 2002) 313 F.3d 1188
ISSUE: Did customs agents have probable cause to believe that drugs had been delivered to the defendant's house?

Grant v. City of Long Beach (9th Cir. 2002) 315 F.3d 1081
ISSUE: Did officers have probable cause to arrest a rape suspect?

People v. Kelley (2002) 103 Cal.App4th 853
ISSUE: Under what circumstances may authorities secretly record a jail inmate's phone conversations?

People v. Pressey (2002) 102 Cal.App.4th 1178
ISSUE: If a suspect is arrested for possession of two types of drugs for personal use, and the suspect appears to be under the influence of both drugs, is it reasonable for a magistrate to conclude there is probable cause to search the suspect's house for more drugs?

Gallegos v. Los Angeles (9th Cir. 2002) 308 F.3d 987
ISSUE: Did a felony car stop constitute a detention or an arrest?

U.S. v. Chavez-Miranda (9th Cir. 2002) 306 F.3 973
ISSUES: (1) Did officers have probable cause for a search warrant? (2) After officers knocked and announced, did they reasonably believe the occupants of the premises were refusing to admit them?

Allen v. Roe (9th Cir. 2002) 305 F.3 1046
ISSUE: Did officers violate Miranda when they questioned a murder suspect about the location of a gun?

People v. Ulloa (2002) 101 Cal.App.4th 1000
ISSUES: (1) Did a search warrant authorize a search of a computer for AOL Instant Messages? (2) Did the affidavit establish probable cause to such a search?

People v. Storm (2002) 28 Cal. 4th 1007
ISSUE: If a murder suspect invokes his Miranda rights and is later released, can officers seek to question him about the murder?

People v. Saldana (2002) 101 Cal.App.4th 170
ISSUE: Did an anonymous tip justify a felony car stop?

People v. Farnam (2002) 28 Cal.4th 107
ISSUES: (1) Was a detainee "in custody" for Miranda purposes? (2) Did the detainee invoke his Miranda rights? (3) Was the detainee's subsequent statement to a detective involuntary?

United States v. Drayton (2002) 536 U.S. 194
ISSUE: When "contacting" passengers on a bus as part of a drugs-weapons interdiction effort, must officers inform the passengers that they are free to go and are not required to cooperate?

People v. Manderscheid (2002) 99 Cal.App.4th 355
ISSUE: Did exigent circumstances justify an officer's walking into the backyard of a home and knocking on the rear door?

People v. Willis (2002) 28 Cal.4th 22
ISSUE: Officers search a suspect's house based on erroneous information from a parole officer that the suspect was on parole with a search condition. Does the Good Faith Rule apply?

People v. Martin (2002) 98 Cal.App.4th 408
ISSUE: Did officers violate Martin's Sixth Amendment right to counsel when, knowing he was represented by an attorney as to a charged murder case, they provided his ex-girlfriend with a tape recorder and asked her to record her telephone conversations with him?

People v. Loyd (2002) 27 Cal.4th 997
ISSUES: May California jail and prison officials tape telephone and in-person conversations between inmates and their friends and associates for the purpose of gathering incriminating evidence? If so, does it matter that the request for taping came from a prosecutor?

U.S. v. Jones (9th Cir. 2002) 286 F.3d. 1146
ISSUE: Was a warrantless search of the defendant's office lawful under the public workplace exception to the warrant requirement?

People v. Shaw (2002) 97 Cal.App.4th 833
ISSUE: Did officers conduct a "search" when they went into the back of a drug dealer's apartment building and examined a hole in which the dealer hid his stash?

People v. Claeys (2002) 97 Cal.App.4th 55
ISSUE: Did the defendant have a reasonable expectation of privacy as to his backyard marijuana garden that could be seen by his neighbors?

People v. McKay (2002) 27 Cal.4th 601
ISSUES: (1) Was the defendant lawfully arrested for failure to provide "satisfactory" ID pursuant to Vehicle Code ยง 40302(a)? (2) Does an arrest violate the Fourth Amendment if it was made in violation of a state statute?

People v. Gallegos (2002) 96 Cal.App.4th 612
ISSUE: During the execution of a search warrant, did officers unlawfully seize items that were not listed in the warrant?

People v. Sugarman (2002) 96 Cal.App.4th 210
ISSUE: If DUI suspect fails or refuses to complete a breath test, under what circumstances may officers compel him to submit to a blood test?

People v. Smith (2002) 95 Cal.App.4th 912
ISSUE: What is the permissible scope of a probation search?

People v. Hughes (2002) 27 Cal.4th 287
ISSUES: (1) At what point in a murder investigation was the defendant detained or arrested? (2) At that point, did the facts known to the investigators constitute reasonable suspicion or probable cause?

People v. Lee (2002) 95 Cal.App.4th 772
ISSUES: (1) Did officers coerce a statement from a witness to a murder? (2) If so, must the defendant prove the statement was unreliable in order to obtain a suppression order?

United States v. Arvizu (2002) 534 U.S. 266
ISSUE: Did a U.S. Border Patrol agent have reasonable suspicion to detain the defendant?

In re Arturo D. (2002) 27 Cal.4th 60
ISSUES: A routine traffic stop. The driver says he doesn't have a driver's license. For whatever reason, he does not produce vehicle registration. Can officers search the vehicle for these documents? If so, what is the permissible scope of the search?