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

2007 Editions

Articles

Searches by Civilians and Police Agents
Citizens' Arrests
Searches and Detentions on School Grounds
Consent Searches
Third Party Consent
The Right to Counsel in Criminal Investigations: Superseded by "Questioning Defendants" in the Winter 2016 edition.
Police Surveillance

Recent Cases

People v. Garry (2007) 156 Cal.App.4th 1100
ISSUE: Did a de facto detention result when an officer spotlighted and approached a suspected drug dealer on a street corner?

U.S. v. Copening (10th Cir. 2007) 506 F.3d. 1241
ISSUE: Can officers stop a car to investigate an anonymous citizen's report to 911 that the driver is carrying a concealed weapon?

U.S. v. Barnes (1st Cir. 2007) 506 F.3d 58
ISSUE: Did officers have sufficient grounds to conduct a visual body cavity search of an arrestee?

U.S. v. Holmes (D.C. Cir. 2007) 505 F.3d 1288
ISSUE: (1) Was the pat search of the defendant conducted in an illegal manner? (2) If so, was the handgun they subsequently discovered admissible under either the inevitable discovery or attenuation rules?

People v. Chun (2007) __ Cal.App.4th __ [2007 WL 2687455]
ISSUE: While questioning a 16-year old murder suspect, did an officer engage in coercive interrogation tactics? ***NOTE: The California Supreme Court has granted review of this case. It is no longer citable authority.

U.S. v. Grigg (9th Cir. 2007) 498 F.3d. 1070
ISSUE: Could officers detain a motorist to investigate a report that he had been driving while blasting his car stereo?

U.S. v. Diaz-Castaneda (9th Cir. 2007) 494 F.3d 1146
ISSUE: Can officers conduct license plate checks of vehicles without some legal justification?

People v. Thornton (2007) 41 Cal.4th 391
ISSUE: Did an officer violate a murder suspect?s Miranda rights by arranging a meeting between the suspect and his grandmother, during which the suspect made several incriminating statements?

U.S. v. Diaz (9th Cir. 2007) 491 F.3d 1074
ISSUE: Did officers have sufficient reason to believe that a suspect was inside his home when they forcibly entered to execute an arrest warrant?

Brendlin v. California (2007) 551 U.S. 249
ISSUE: When officers make a traffic stop, is everyone in the car automatically detained, or just the driver?

U.S. v. Narvaez-Gomez (9th Cir. 2007) 489 F.3d 970
ISSUE: Did an officer utilize the illegal "two step" tactic when questioning the defendant?

Scott v. Harris (2007) 550 U.S. 372
ISSUE: When may officers attempt to end a vehicle pursuit by causing the driver to lose control of his car?

U.S. v. Graham (6th Cir. 2007) 483 F.3d. 431
ISSUE: Did officers have grounds to conduct a protective search of the defendant's car?

People v. Macklem (2007) 149 Cal.App.4th 674
ISSUE: Was a county jail inmate ?in custody? for Miranda purposes when he was questioned about a jailhouse assault?

People v. Herndon (2007) 149 Cal.App.4th 274
ISSUE: Was Herndon's right to due process violated when, under orders from the trial judge, baliffs forcibly rolled his fingerprints in a courtroom?

People v. Strasburg (2007) 148 Cal.App.4th 1052
ISSUE: If officers have probable cause to search a car for marijuana, is the search unlawful if they know the driver possesses a medical marijuana card?

People v. Dolly (2007) 40 Cal.4th 458
ISSUE: Under what circumstances may officers detain a suspect based on an anonymous call?

People v. Perdomo (2007) 147 Cal.App.4th 605
ISSUE: Did officers utilize coercion in obtaining a statement from the badly-injured driver of a car involved in a fatal traffic accident?

Gillan v. City of San Marino (2007) 147 Cal.App.4th 1033
ISSUE: Did officers have probable cause to arrest a high school basketball coach for sexually molesting one of his players?

U.S. v. Ramirez (9th Cir. 2007) 473 F.3d 1026
ISSUE: When an officer makes a car stop based solely on a request from another officer with probable cause, is the stop unlawful if the officer who made the stop was unaware of the facts upon which probable cause was based?

Fisher v. City of San Jose (9th Cir. 2007) __ F.3d __ [2007 WL 92689]
ISSUE: Did exigent circumstances justify a warrantless entry into Fisher's apartment to arrest him? NOTE: This opinion was superseded by an en banc decision on March 11, 2009.

U.S. v. Buckner (4th Cir. 2007) 473 F.3d 551
ISSUE: Did officers reasonably believe that the defendant's wife could consent to a search of a computer located in the family's living room? Did it matter that the incriminating files were password-protected by the defendant?