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

2008 Editions

Fall 2008 Edition (664Kb pdf)
Summer 2008 Edition (518Kb pdf)
Spring 2008 Edition (359KB pdf)
Winter 2008 Edition (359Kb pdf)

Articles

Probable Cause to Search
Plain View
Probable Cause to Arrest
The Principles of Probable Cause
Probable Cause Information: Proving it's reliable
Pat Searches
Protective Car Searches

Recent Cases

Doody v. Schriro (9th Cir. 2008) 548 F.3d 847
ISSUES: (1) Was the defendant's confession to multiple murders obtained in violation of Miranda? (2) Was the defendant's confession voluntary?

People v. Stier (2008) 168 Cal.App.4th 21
ISSUE: Did an officer have sufficient grounds to handcuff a detainee?

People v. Sweig (2008) __ Cal.App.4th __ [2008 WL 4696493]
ISSUES: (1) Did officers have sufficient grounds to enter the defendant's home to seize a rifle after the defendant was taken into custody on a 5150 hold? (2) Can officers obtain a warrant to search a residence for firearms based on an occupant's 5150 hold?
***NOTE: On February 11, 2009, the California Supreme Court granted review of this case. It is no longer citable authority.

U.S. v. Boskic (1st Cir. 2008) 545 F.3d 69
ISSUE: Did federal agents engage in coercive interview tactics by lying to the defendant about the purpose of their interview?

People v. Munoz (2008) 167 Cal.App.4th 126
ISSUE: After paying for a motel room with counterfeit currency, did the occupants have standing to challenge a warrantless entry by officers?

U.S. v. Hardin (6th Cir. 2008) 539 F.3d 404
ISSUE: Was an apartment manager acting as a police agent when he entered an apartment in which the defendant had been staying?

People v. Lucatero (2008) 166 Cal.App.4th 1110
ISSUE: Under what circumstances can an officer pose as a prospective home buyer in order to see the interior of a suspect's home?

People v. Antonio B. (2008) 166 Cal.App.4th 435
ISSUE: Did officers have sufficient grounds to handcuff a detainee?

U.S. v. Craighead (9th Cir. 2008) 539 F.3d 1073
ISSUE: Was Craighead "in custody" for Miranda purposes when he was questioned at his home during the execution of a search warrant?

U.S. v. Henderson (7th Cir. 2008) 536 F.3d 776
ISSUE: If one spouse consents to a search of the family home but the other spouse objects, can officers conduct a search after the objecting spouse was lawfully arrested and removed from the premises?

People v. Sandoval (2008) 163 Cal.App.4th 205.
ISSUE: Did an officer have sufficient grounds to pat search the defendant?

People v. Diaz (2008) __Cal.App.4th __ [2008 WL 2908704]
ISSUE: Can officers search an arrestee's cell phone as an incident to the arrest if the search occurred about 90 minutes after he was taken into custody?
***NOTE: On October 28, 2008, the California Supreme Court granted review of this case. I is no longer citable authority.

U.S. v. Caseres (9th Cir. 2008) 533 F.3d 1064
ISSUES: (1) Did an officer have grounds to make a traffic stop on the defendant? (2) Did the officer have grounds to search his car?

People v. Baker (2008) 164 Cal.App.4th 1152
ISSUE: While conducting a parole search of a vehicle, may officers search a purse that obviously did not belong to the parolee?

U.S. v. Hicks (7th Cir. 2008) 531 F.3d 555
ISSUE: Did officers have sufficient grounds to detain a suspect based on a 911 call from a man who had furnished the operator with inconsistent information?

U.S. v. Howard (8th Cir. 2008) 532 F.3d 755
ISSUES: A potpourri of legal issues resulting from a series of encounters over a seven-week period between James Howard and officers in Omaha, Nebraska.

U.S. v. Giberson (9th Cir. 2008) 527 F.3d 882
ISSUES: (1) While executing a warrant to search for certain documents, could officers search the defendant's computer even though the warrant did not expressly authorize a computer search? (2) During a subsequent warranted search of the computer for financial records, did a technician exceed the permissible scope of the search when he viewed files containing child pornography?

People v. Wilkinson (2008) 163 Cal.App.4th 1554
ISSUES: (1) Was a person acting as a police agent when he went into the defendant's bedroom, seized several computer discs, and viewed their contents? (2) If not, did officers conduct an illegal search when they viewed the discs?

U.S. v. Pacheco-Lopez (6th Cir. 2008) 531 F.3d 420
ISSUES: (1) Did an officer's questions to a suspect constitute permissible "booking" questions under Miranda? (2) Did the officer utilize the prohibited "two step" Miranda procedure?

U.S. v. Hudspeth (8th Cir. en banc 2008) 518 F.3d 954
ISSUE: Could the wife of a child pornography suspect consent to a search of the family computer if her husband had been arrested earlier at his workplace, and had refused to consent?

Mora v. Gaithersburg Police Dept. (4th Cir. 2008) 519 F.3d 216
ISSUES: (1) Under what circumstances may officers seize a person who has threatened mass murder? (2) Is a warrant required to search his home and other property for weapons?

People v. Gemmill (2008) 162 Cal.App.4th 958
ISSUES: Did an officer conduct a "search" when he looked through a side window of the defendant's home? If so, was the search justified?

U.S. v. Mir (4th Cir. 2008) 525 F.3d 351
|ISSUE: Did federal agents violate Mir's Sixth Amendment rights when, after he was indicted on immigration fraud charges, they arranged to have two witnesses elicit statements from him about his efforts to get them to lie about his illegal immigration activities?

U.S. v. Murphy (9th Cir. 2008) 516 F.3d 1117
ISSUE: Can a person consent to a search of his public storage unit over the objection of a friend who was temporarily living inside and, unbeknownst to the renter, was using it to manufacture methamphetamine?

Virginia v. Moore (2008) 553 U.S. 164
ISSUE: Can officers search a suspect incident to an arrest if, according to state law, he should have been cited and released?

U.S. v. Turvin (9th Cir. 2008) 517 F.3d 1097.
ISSUE: While conducting traffic stops, may officers ask the driver questions that do not pertain to the traffic violation?

People v. Lessie (2008) 161 Cal.App.4th 1085
ISSUE: Did a 16-year old murder suspect invoke his Miranda rights when he told officers that he wanted to talk to his father?

U.S. v. Rodriguez (9th Cir. 2008) 518 F.3d 1072
ISSUES: (1) Does a suspect invoke his Miranda right to remain silent if he responds as follows when asked if he is willing to speak with officers: "I'm good for tonight"? (2) Does that statement constitute an implied Miranda waiver?

People v. Medina (45Kb) (2007) 158 Cal.App.4th 1571
ISSUE: Can officers conduct a probation search even though they have no reason to believe that the probationer is engaging in criminal activity?

Anderson v. Terhune (54Kb) (9th Cir. 2008) 516 F.3d 781
ISSUE: Did a murder suspect invoke his Miranda right to remain silent when he said, "I plead the Fifth"?

U.S. v. Jamison (40Kb) (4th Cir. 2007) 509 F.3d 623
ISSUE: Was an apparent shooting victim "in custody" for Miranda purposes when officers questioned him in an emergency room?

U.S. v. Snipe (48Kb) (9th Cir. 2008) 515 F.3d 947
ISSUE: Did exigent circumstances justify a warrantless entry into the defendant's home?

U.S. v. Mowatt (46Kb) (4th Cir. 2008) 513 F.3d 395
ISSUE: Did exigent circumstances justify a warrantless entry into the defendant's apartment?

U.S. v. Colonna (46Kb) (4th Cir. 2007) 511 F.3d 431
ISSUE: Was the defendant "in custody" for Miranda purposes when FBI agents questioned him outside his home?

U.S. v. Revels (43Kb) (10th Cir. 2007) 510 F.3d 1269
ISSUE: Was the defendant "in custody" for Miranda purposes when officers questioned her inside her home?

People v. Jefferson (58Kb) (2008) 158 Cal.App.4th 830
ISSUE: Did sheriff's deputies violate Miranda by secretly recording a conversation between two murder suspects who had previously invoked their rights?