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

2004 Editions

Articles

Protective Sweeps: Superseded by Winter 2011 article
Phone, E-mail, and Internet Records: Superseded by Winter 2012 article.
Digital Photos and Confessions
Out-of-County Felony Arrests: Superseded in Spring 2009 article.
Community Caretaking Searches: Superseded by Winter 2010 article.
Knock Notice
Executing Search Warrants
Lineups and Showups: Superseded by Fall 2011 article.

Recent Cases

Devenpeck v. Alford (2004) 543 U.S. 146
ISSUE: If an officer arrests a suspect for a crime without probable cause, is the arrest lawful if there was probable cause to arrest him for an unrelated crime?

People v. San Nicolas (2004) 34 Cal.4th 614
ISSUE: After a murder suspect invoked his Miranda right to counsel, did a detective pressure him into changing his mind when he gave him a copy of a newspaper that contained a story about the crime and the suspect?s arrest?

U.S. v. Cunag (Cunag II) (9th Cir. 2004) 386 F.3d 888
ISSUE: Does a motel or hotel guest have a reasonable expectation of privacy in a room he acquired with a stolen credit card?

United States v. Maddox (10th Cir. 2004) 388 F.3d 1356
ISSUE: Under what circumstances can officers detain a person for officer-safety?

People v. Pleasant (2004) 123 Cal.App.4th 193
ISSUE: When officers are conducting a probation search, under what circumstances may they search a bedroom that belongs to someone other than the probationer?

U.S. v. Kimoana (10th Cir. 2004) 383 F.3d 1215
ISSUES: (1) Was it reasonable for an officer to believe that a man who had consented to a search of a motel room had authority to do so? (2) Was a detainee?s consent to search involuntary because the officers drew their guns at some point before seeking consent?

U.S. v. Brigham (5th Cir. en banc 2004) 382 F.3d 500
ISSUE: During a traffic stop, under what circumstances may officers ask questions that are not directly related to resolving the traffic matter?

United States v. Patane (2004) 542 U.S. 630
ISSUE: If officers obtain a statement from a suspect in violation of Miranda, and if that statement results in the discovery of physical evidence, can the evidence be suppressed because of the Miranda violation?

Missouri v. Seibert (2004) 542 U.S. 600
ISSUE: If officers question an arrested suspect without seeking a waiver, is a second statement admissible if it was made in compliance with Miranda?

Hilibel v. Nevada (2004) 542 U.S. 177
ISSUE: If a detainee refuses to identify himself, can he be arrested for obstructing an officer?

U.S. v. Crawford (9th Cir. en banc 2004) 372 F.3d 1048
ISSUE: Must officers have reasonable suspicion that a parolee has committed new crimes before they may conduct a parole search of his home?

U.S. v. Cunag (9th Cir. 2004) 386 F.3d 888
ISSUE: Did the defendant have a reasonable expectation of privacy in a hotel room he paid for with a stolen credit card?

People v. McHugh (2004) 119 Cal.App.4th 202
ISSUES: (1) Under what circumstances do school police officers have the authority to make traffic stops? (2) If a DUI arrestee refuses to take a chemical test, can officers authorize a forcible blood draw? (3) Must a DUI arrestee be permitted to take a breath test if, after having refused to take any chemical test and after officers told him he would be given a blood test, he requested a breath test?

People v. Lopez (2004) 119 Cal.App.4th 132
ISSUE: Did officers have grounds to detain and pat search the defendant? Did the defendant violate Penal Code § 148 when he refused to allow an officer to pat search him, and when he refused to comply with an officer?s commands?

Yarborough v. Alvarado (2004) 541 U.S. 652
ISSUE: In determining whether a juvenile was "in custody" for Miranda purposes, must officers and courts consider the juvenile's age and experience?

People v. Gomez (2004) 117 Cal.App.4th 531
ISSUES: (1) Was a detention unduly prolonged? (2) Did the detaining officer have probable cause to arrest the suspect?

Jackson v. Giurbino (9th Cir. 2004) 364 F.3d 1002
ISSUE: Did an officer violate Miranda when he questioned an incarcerated murder suspect who had previously invoked his right to remain silent?

U.S. v. Bautista (9th Cir. 2004) 362 F.3d 584
ISSUES: 1) Did the defendant have a reasonable expectation of privacy in a motel room he paid for with a stolen credit card? (2) Did the defendants wife voluntary consent to an entry and search of the motel room?

California Attorney General's Opinion No. 03-406
ISSUE: May California judges authorize the release of pen register and phone trap data by means of a court order per 18 U.S.C. §3121 et seq?

U.S. v. Terry-Crespo (9th Cir. 2004) 356 F.3d 1170
ISSUE: Can officers detain a person based solely on information from a 911 caller whose identity has not been confirmed?

Fellers v. United States (2004) 540 US 519
ISSUE: Must a statement obtained in compliance with the defendant's Sixth Amendment right to counsel be suppressed if officers violated the Sixth Amendment in obtaining an earlier statement from him?

Illinois v. Lidster (2004) 540 U.S. 419
ISSUE: Under what circumstances may officers set up a roadblock for the purpose of locating witnesses to a crime?

People v. Morton (2004) 114 Cal.App.4th 1039
ISSUE: Did sheriff's detectives have sufficient reason to enter the defendants' property under the so-called "community caretaking" rule?