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

2003 Editions

Articles

"Reasonableness": The Police Standard
Post Arrest Time Limits:
Superseded by Spring 2009 article.
Car Searches: Superseded by Fall 2009 article.
Investigative Detentions:
Superseded by Spring 2010 article.
Traffic Stops: Superseded by Spring 2010 article.
Police Trespassing
Detaining Witnesses:
Superseded by Fall 2010 article
Email, Voicemail, and Text Messages: Superseded by Winter 2012 article.

Recent Cases

People v. Smith (2003) 31 Cal. 4th 1207
ISSUE: Can a court reduce a defendant's sentence on grounds of "sentence entrapment?"

Maryland v. Pringle (2003) 540 U.S. 366
ISSUE: After finding drugs in the back seat of a car, did an officer have probable cause to arrest all three of the vehicles occupants?

United States v. Banks (2003) 540 U.S. 31
ISSUE: Did officers violate the knock-notice rule when they entered Banks apartment?

People v. Riva (2003) 112 Cal.App.4th 981
ISSUES: (1) Under what circumstances can a Miranda waiver be implied? (2) Does a suspect invoke his right to remain silent when he tells an officer he doesn't want to say anything else "right now?"

U.S. v. Soriano (9th Cir. 2003) 361 F.3d 494
ISSUES: Was a woman's consent to search a motel room involuntary because she was told that, if she refused, (1) she would be arrested and her children taken from her, and (2) a warrant to search the room would be issued?

In re William V. (2003) 111 Cal.App.4th 1464
ISSUE: Is a school resource officer a "school official" for purposes of detaining and searching students?

Meredith v. Erath (9th Cir. 2003) 342 F.3d 1057
ISSUE: Did an IRS agent use excessive force in handcuffing and detaining a woman during a search of her residence?

People v. Garcia (2003) 111 Cal.App.4th 715
ISSUE: Did officers have probable cause to search a bar for drugs based on drug sales made there by a customer?

People v. Butler (2003) 111 Cal.App.4th 150
ISSUE: Did a sheriff's deputy have grounds to detain a suspected drug dealer?

Haynie v. County of Los Angeles (9th Cir. 2003) 339 F.3d 1071
ISSUES: (1) Did a sheriff's deputy have grounds for a car stop? (2) Was the stop unnecessarily prolonged? (3) Did the deputy have grounds to pat search the driver? (4) Did the stop become a de facto arrest when the deputy handcuffed the driver and placed him inside a patrol car?

People v. Sanders (2003) 31 Cal.4th 318
ISSUE: If officers discover evidence while conducting an illegal warrantless search of a residence, is the evidence admissible if, unbeknownst to the officers, one of the occupants is on parole with a search condition?

People v. Neal (2003) 31 Cal.4th 63
ISSUE: Did an officer's refusal to honor a murder suspect's Miranda invocation render his subsequent confession inadmissible?

People v. Medina (2003) 110 Cal.App.4th 171
ISSUES: (1) When does a pat search begin? (2) Did officers have grounds to pat search the defendant?

U.S. v. Wong (9th Cir.2003) 334 F.3d 831
ISSUES: (1) Was there probable cause to search the defendant's computer? (2) Did the search warrant adequately describe the evidence to be seized?

U.S. v. Gonzalez (9th Cir. 2003) 328 F.3d 543
ISSUE: Did a hospital employee have a reasonable expectation of privacy from video surveillance inside the hospital's mailroom?

People v. Castille (2003) 129 Cal.App.4th 863
ISSUE: Was the joint statement of three murder suspects admissible against them at their trial?

People v. Ledesma (2003) 106 Cal.App.4th 857
ISSUE: Did officers have grounds to conduct a protective sweep of a home before conducting a probation search?

Clark v. Murphy (9th Cir. 2003) 331 F.3d 1062
ISSUES: Did a murder suspect invoke his Miranda right to counsel? Was his confession voluntary?

U.S. v. Enslin (9th Cir. 2003) 327 F.3d 788
ISSUES: Did U.S. Marshals reasonably believe a homeowner could consent to a search of a bedroom occupied by a visitor? Did a command to "show your hands" result in a detention?