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

2006 Editions

Articles

"Knock and Talks"
Informants: Protecting Their Identity
Investigative "Contacts"
Obtaining Financial Records
Post-Invocation Questioning
"Technical" Miranda Violations
Miranda Waivers and Invocations

Recent Cases

People v. Hernandez (2006) __ Cal.App.4th __ [2006 WL 3707831]
ISSUE: Can officers stop a car with a temporary operating permit solely to determine whether the permit is valid?
***NOTE: Superseded by People v. Hernandez (2008) 45 Cal.4th 295.

People v. Williams (2006) 145 Cal.App.4th 756
ISSUE: Was the impoundment and inventory search of the defendant's car reasonably necessary?

People v. Jaime P. (2006) 40 Cal.4th 128
ISSUE: Can a warrantless search of a minor be upheld as a probation search if officers were unaware the minor was on probation?

People v. Windham (2006) 145 Cal.App.4th 881
ISSUE: Is court authorization required to monitor and record a jail or prison inmate's non-attorney phone calls?

People v. Superior Court (Walker) (2006) 143 Cal.App.4th 1183
ISSUE: Did a university safety officer have actual or apparent authority to permit police officers to enter the defendant's dormatory room? If not, was the evidence in the room admissible under the doctrine of inevitable discovery?

U.S. v. Paopao (9th Cir. 2006) 465 F.3d 404
ISSUE: Can officers conduct a protective sweep of the inside of a residence based on an arrest that occurred outside?

People v. Rodriguez (2006) 143 Cal.App.4th 1137
ISSUE: Assuming that officers lied about the existence of grounds to make a traffic stop, must evidence be suppressed if it was discovered after the driver was lawfully arrested?

U.S. v. Washington (9th Cir. 2006) 462 F.3d 1124
ISSUE: Does a suspect invoke Miranda if he refuses to talk with officers, but agrees to listen to a presentation of incriminating evidence?

U.S. v. Arellano-Ochoa (9th Cir. 2006) 461 F.3d 1142
ISSUE: (1) Did an officer "search" the defendant's residence when he opened the screen door and looked inside? (2) Did exigent circumstances justify the officer's entry?

U.S. v. Choudhry (9th Cir. 2006) 461 F.3d 1097
ISSUE: Can officers make a traffic stop on grounds the driver violated a city parking ordinance?

U.S. v. Flatter (9th Cir. 2006) 456 F.3d 1154
ISSUE: Can officers pat search a suspect on grounds they were going to question him about a crime?

U.S. v. McWeeney (9th Cir. 2006) 454 F.3d 1030
ISSUE: (1) Does consent to "look" in a car authorize a "search" of the vehicle? (2) Does consent to search a car authorize a search of the trunk? (3) When a person consents to a search, do officers interfere with his right to delimit or withdraw consent when they command him not to watch?

People v. Brendlin (2006) __ Cal.4th __ [2006 WL 1766532]
ISSUE: When officers make a traffic stop on a vehicle occupied by two or more people, is everyone in the car automatically detained, or just the driver?
***NOTE: This opinion has been superseded by Brendlin v. California. See 2007 case reports.

People v. Wells (2006) 38 Cal.4th 1078
ISSUE: May officers stop a suspected drunk driver based solely on an anonymous tip?

People v. Ramirez (2006) 140 Cal.App.4th 849
ISSUE: Did an officer have grounds to detain a pedestrian for jaywalking?

Samson v. California (2006) 547 U.S. 832
ISSUE: May officers conduct parole searches even though they have no reason to believe the parolee is continuing to engage in criminal activity?

Hudson v. Michigan (2006) (2006) 547 U.S. 586
ISSUE: Can evidence be suppressed as the result of a knock-notice violation?

People v. Thompson (2006) 38 Cal.4th 811
ISSUE: Did exigent circumstances justify a warrantless entry into the defendant's home to arrest him for DUI?

Brigham City v. Stuart (2006) 547 U.S. 398
ISSUE: Can officers enter a house under the emergency aid exception if they reasonably believe that the occupants are engaged in a fistfight?

People v. Guerra (2006) 37 Cal.4th 1067
ISSUE: Did a detective's act of ignoring a murder suspect's Miranda invocation, and his threat to arrest him if he refused to waive his rights, render the suspect's subsequent statements inadmissible?

Georgia v. Randolph (2006) 547 U.S. 103
ISSUE: If officers obtain consent to search a residence from one inhabitant, is the search unlawful if another inhabitant objects?

People v. Balint (2006) 138 Cal.App.4th 200
ISSUE: If officers discover a computer while executing a warrant to search for stolen property or other contraband, may they seize it on grounds it probably contained indicia?

United States v. Grubbs (2006) 547 U.S. 90
ISSUES: Are anticipatory search warrants lawful? If so, did the Ninth Circuit err when it ruled the triggering event must be set forth in both the affidavit and the warrant?

U.S. v. Gourde (9th Cir. 2006) 440 F.3d 1065
ISSUE: Did officers have probable cause to search the defendant's computer for child pornography based on his membership in a website that mainly provided downloads of such images?

U.S. v. Russell (9th Cir. 2006) 436 F.3d 1086
ISSUE: Did exigent circumstances justify a warrantless entry into the defendant?s home?

U.S. v. Coles (3rd Cir. 2006) 437 F.3d 361
ISSUE: Did officers deliberately create an exigent circumstance so as to gain entry into the defendant?s hotel room?