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

2005 Editions

Articles

Searches Incident to Arrest: Superseded by Winter 2011 article
Taking a "Second Look" at Prisoners' Property
Miranda: When warnings are required
"Consent Once Removed"
Intercepting Prisoner Communications
Entry to Arrest (Ramey)
Harvey-Madden
The "Official Channels" Rule
Detentions Based on 911 Calls: Superseded by Winter 2010 article
Miranda Exceptions

Recent Cases

Motley v. Parks (9th Cir. 2005) 432 F.3d 1072
ISSUE: Before conducting a parole search of a home, what level of proof must officers have that the parolee lives there?

People v. Viray (2005) __ Cal.App.4th __ [2005 WL 3416246]
ISSUE: Did a prosecutor violate the defendant?s Sixth Amendment right to counsel by questioning her filing a criminal complaint?
***NOTE: Effectively overturned by Montejo v. Louisiana (2009) __ U.S. __ [129 S.Ct. 2070]

Moreno v. Baca II (9th Cir. 2005) 431 F.3d 633
ISSUE: New development on probation and parole searches.

Miranda v. City of Cornelius (9th Cir. 2005) 429 F.3d 858
ISSUE: Can officers impound a vehicle if impoundment was authorized by statute but, under the circumstances, was completely unnecessary?

People v. Daggs (2005) 133 Cal.App.4th 361
ISSUE: Did a robber have standing to challenge the search of a cell phone he had dropped at the crime scene?

People v. Hunter (2005) 133 Cal.App.4th 371
ISSUE: After finding marijuana inside a stopped vehicle, did officers have probable cause to search the trunk for more?

U.S. v. Gandia (2nd Cir. 2005) 424 F.3d 255
ISSUE: Did officers have grounds to conduct a protective sweep of the defendant's apartment?

People v. Rodgers (2005) 131 Cal.App.4th 1560
ISSUE: Under what circumstances may officers detain a suspect based on an anonymous 911 call?

U.S. v. Stafford (9th Cir. 2005) 416 F.3d 1068
ISSUE: Is it reasonable for officers to enter an apartment without a warrant based on a report that there are large quantities of blood on the walls and floors?

People v. Davis (2005) 36 Cal.4th 510
ISSUES: (1) May officers secretly record conversations between arrestees that occur in police stations? (2) Was a murder suspect "interrogated" when a detective told him that his fingerprint had been found on the murder weapon? (3) If so, should the trial court have suppressed an incriminating statement the suspect made about the interview to his cellmate?

U.S. v. Barnett (7th Cir. 2005) 415 F.3d 690
ISSUE: Must officers have reasonable suspicion to conduct probation searches?

U.S. v. Hauk (10th Cir. 2005) 412 F.3d 1179
ISSUE: When officers entered a house to arrest a parole violator, did they have grounds to conduct a protective sweep?

U.S. v. Lawson (D.C. Cir. 2005) 410 F.3d 735
ISSUES: (1) Were a photo lineup and photo showup impermissibly suggestive? (2) Was a car searched lawfully?

U.S. v. Marquez (9th Cir. 2005) 410 F.3d 612
ISSUE: Must airport security officials reasonably believe a passenger is armed before subjecting him to secondary screening?

U.S. v. Fay (9th Cir. 2005) 410 F.3d 589
ISSUE: Did Fay have a reasonable expectation of privacy in a bag containing a gun that was located inside his girlfriend's apartment?

Hells Angels v. City of San Jose et al. (9th Cir. 2005) 402 F.3d 962
ISSUE: In executing search warrants at a Hells Angels clubhouse and at the homes of several members, did officers apparently violate clearly established law so that they were not entitled to qualified immunity in a civil rights lawsuit?

Moreno v. Baca (9th Cir. 2005) 400 F.3d 1152 : ISSUE: Were officers entitled to qualified immunity on the issue of whether reasonable suspicion is required to detain a suspect? For information on this report, see the "Comment" in the report on U.S. v. Barnett.

In re Lennies H. (2005) 126 Cal.App4th 1232
ISSUE: While pat searching a carjacking suspect, did an officer have probable cause to remove a set of keys from the suspect?s pocket?

U.S. v. Bustos-Torres (8th Cir. 2005) 395 F.3d 935
ISSUE: (1) Did a sheriff?s deputy have grounds to stop a car to investigate suspected drug dealing? (2) Did deputies have grounds to pat search the occupants of the car and, if so, was their search reasonable in scope?

U.S. v. Charley (9th Cir. 2005) 396 F.3d 1080__
ISSUE: Did a detention become an unlawful arrest when an officer drove the suspect from the scene of the detention to the crime scene?

U.S. v. Hanlon (8th Cir. 2005) 401 F.3d__ 926
ISSUE: Did an officer have grounds to, (1) prolong a traffic stop to investigate the possibility the vehicle was stolen, and (2) pat search the driver?

Illinois v. Caballes (2005) 543 U.S. 405
ISSUE: When officers are conducting a traffic stop, under what circumstances can they use a drug-detecting dog to determine if there are drugs in the driver?s car?

People v. Gonzalez (2005) 34 Cal.4th 1111
ISSUE: Did a murder suspect invoke his Miranda right to counsel when he said he wanted a public defender if he was charged with the crime?