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

2009 Editions

Fall 2009 Edition [500 kb]
Summer 2009 Edition [500 kb]
Spring 2009 Edition [500kb]
Winter 2009 Edition [500kb]

Articles

Vehicle Searches
Interrogation
Probation and Parole Searches
Testifying in Court
Arrests

Recent Cases

U.S. v.Johnson (9th Cir. 2009) 581 F.3d 994
ISSUE: Did officers have sufficient grounds to detain three men suspected of plotting a bank robbery?

U.S. v. Johnson (10th Cir.2009) 584 F.3d 995
ISSUE:Did the defendant have standing to challenge the search of a storage unit that his girlfriend with rented with stolen identification at his request?

People v. Leal(2009) 178 Cal.App.4th 1051
ISSUE: If officers arrest a suspect in a residence, do they lose the right to conduct a search of the premises incident to the arrest if they conduct it after the scene has been secured?

U.S.v. Gonzalez (9th Cir. 2009) 578 F.3d 1130.
ISSUE: Should evidence be suppressed if it was discovered during a search that was lawful at the time, but was later declared unlawful?
NOTE: The California Court of Appeal in People v. Branner (2009) __ Cal.App.4th __ [2009 WL 4858105] disagreed with the analysis in Gonzales and ruled that evidence should not be suppressed if it was obtained as the result of a pre-Gant search that was conducted in accordance with Belton. A report on Branner is posted in the 2010 section.

U.S. v.Jackson (7th Cir. 2009) 576 F.3d 465
ISSUES: (1) Did officers violate Jackson’s Fourth Amendment rights when they entered a friend's apartment to arrest him? (2) Did officers have sufficient reason to believe that Jackson was presently inside the apartment?

Sanchez v.Canales (9th Cir. 2009) 574 F.3d 1169
ISSUE: When conducting parole and probation searches of homes, may officers detain the occupants pending completion of the search?

People v.Carrington (2009) 47 Cal.4th 145
ISSUES: (1) Did officers have probable cause to search the home of a multiple-murder suspect? (2) When executing a warrant to search the suspect’s home, could officers permit investigators from an outside agency to participate? (3) Were the suspect’s confessions voluntary?

U.S. v. Alexander (7th Cir. 2009) 573 F.3d 465
ISSUES: (1) Did the defendant have standing to challenge the search of a car in which a handgun was found? (2) Did a vehicle repossessor have apparent authority to consent to the search? (3) Did officers obtain voluntary consent to search the defendant’s apartment?

U.S. v. Payton (9th Cir. 2009) 573 F.3d 859
ISSUE: Did a warrant to search the defendant’s home for documents pertaining to drug sales impliedly authorize a search of his computer?

U.S. v. Croto (1st Cir. 2009) 570 F.3d 11
ISSUE: Did officers have probable cause to believe that Croto was plotting an attack on a police station?

People v. Rogers (2009) 46 Cal.4th 1136
ISSUE: Did exigent circumstances justify an entry by officers into a murder suspect's storage room?

Hunsberger v. Wood (4th Cir. 2009) 570 F.3d 546
ISSUE: Did exigent circumstance justify an entry by officers into the Hunsberger’s home?

Friedman v. Boucher (9th Cir. 2009) 580 F.3d 847
ISSUE: In the absence of statutory authorization, must officers have a warrant to forcibly take a saliva sample from a county jail inmate for DNA testing?

People v. Richard Allen Davis (2009) 46 Cal.4th 539
ISSUE: (1) Did a kidnapping suspect’s statement—“Well then book me and let’s get a lawyer”—constitute an invocation of his Miranda right to counsel? (2) Did an officer violate the suspect’s Miranda rights when he recontacted him to determine if the kidnapping victim was still alive?

Montejo v. Louisiana (2009) __ U.S. __ [129 S.Ct. 2070]
ISSUE: May officers seek to question a represented suspect about a crime with which he had been charged?

Kansas v. Ventris (2009) __ U.S. __ [129 S.Ct.1841]
ISSUE: If officers obtain a statement from a suspect in violation of the Sixth Amendment, may prosecutors use the statement to impeach him at trial if he testifies and gives an inconsistent story?

Arizona v. Gant (2009) __ U.S. __ [129 S.Ct.1710]
ISSUE: May officers search a vehicle incident to the arrest of an occupant if the arrestee had already been handcuffed and locked in a patrol car?

Corley v. United States (2009) __US__ [129 S.Ct.1558]
NOTE: On April 6, 2009 the Supreme Court in Corley v. United States ruled that a person arrested for a federal crime must be presented to a federal magistrate within six hours of his arrest. The decision was based solely on federal statutory law and did not establish a constitutional requirement. Consequently, Corley does not affect California criminal procedure.

Tennison v. City of San Francisco (9th Cir. 2008) 548 F.3d 1293
ISSUES: (1) If officers were aware of evidence that tended to exonerate a suspect, can they satisfy their duty to disclose the information by mentioning it in a memo that was included in the file sent to prosecutors? (2) If a person confesses to a crime after someone else has been convicted, must officers disclose this to prosecutors?

People v. Smith (2009) 172 Cal.App.4th 1354
ISSUE: Under what circumstances may officers conduct a “reach in” search of a parolee?

Fisher v. City of San Jose (9th Cir. 2009) 558 F3d 1069
ISSUE: Did officers violate Fisher’s civil rights when they arrested him without a warrant inside his apartment?

U.S. v. Washington (D.C. Cir. 2009) 559 F.3d 573
ISSUE: During a traffic stop, did officers have sufficient grounds to search the driver’s car for weapons?

U.S. v. Gonzalez (7th Cir. 2009) 555 F.3d 579
ISSUE: Was the issuance of a search warrant independent of an earlier illegal search?

U.S. v. Rivera (1st Cir. 2009) 555 F.3d 277
ISSUE: Following an armed robbery, did officers permit the victim to see the suspects under circumstances that would have resulted in an unreliable in-court ID?

Herring v. United States (2009) __ U.S. __ [129 S.Ct.695]
ISSUE: Must evidence be suppressed if it was obtained in the court os an arrest resulting from false information that the arrestee was a wanted felon?

People v. Watkins (2009) 170 Cal.App.4th 1403
ISSUE: Are there circumstances in which a search can be upheld as a probation search even though officers were unaware that the suspect was on searchable probation?

U.S. v.SDI Future Health, Inc. et al. (9th Cir. 2009) 553 F.3d 1246
ISSUES: (1) Did the managers of a corporation have standing to challenge a search of their headquarters for business documents? (2) Was a warrant to search the premises fatally overbroad?

People v. Bradford (2008) 169 Cal.App.4th 843
ISSUE: Should a murder defendant's confession have been suppressed because the officer who questioned him neglected to advise him that anything he said could be used against him in court?

People v. Galland (2008) 45 Cal.4th 354
ISSUE: What is the required procedure when a judge orders that all or part of a search warrant affidavit be sealed? In particular, how should the courts ensure that the information in sealed affidavits remains confidential?

People v. Hernandez (2008) 45 Cal.4th 295
ISSUE: May officers stop a vehicle to inspect a temporary operating permit on the rear window on grounds that, although it appeared to be valid, temporary permits are frequently forged or attached to unregistered vehicles?

Arizona v. Johnson (2009) __ U.S. __ [129 S.Ct. 781]
ISSUE: During a traffic stop, are officers prohibited from pat searching a passenger who is reasonably believed to be armed or dangerous merely because they did not have independent grounds to detain him?