Maryland v. Shatzer (2010) __ U.S. __ [2010 WL 624042]
ISSUE: If a suspect invokes his Miranda right to counsel, may officers seek to interview him at a later time?
Florida v. Powell (2010) __ U.S. __ [2010 WL 605603]
ISSUE: Did officers accurately advise a suspect of his Miranda right to counsel. HELD: Although officers did not expressly inform the suspect that he had a right to have counsel present during an interview, the U.S. Supreme Court ruled it was sufficient that they told him, (1) that he had a right to speak with an attorney before questioning, and (2) he could invoke his right to counsel at any time during the interview. But the Court reminded officers that they "have little reason to assume the litigation risk of experimenting with novel Miranda formulations." (Quoting from USA amicus brief).
Bryan v. McPherson (9th Cir. 2009) 590 F.3d 767
ISSUE: Under what circumstances may officers utilize a taser on a suspect?
People v. Navarrete (2010) __ Cal.App.4th __ [2010 WL 338138]
ISSUE: During the trial of a man charged with lewd conduct on a child, should the trial judge have declared a mistrial after a detective intentionally violated the court’s order not to inform the jury that the defendant’s statement to officers was suppressed?
People v. C.S.A. (2010) __ Cal.App.4th __ [2010 WL 324442]
ISSUE: Are prosecutors bound by an agreement between officers and a would-be informant that charges would be dismissed if the informant provided the officers with information?
People v. Lessie (2010) __ Cal.4th __ [2010 WL 308813]
ISSUE: Does a minor invoke his Miranda rights by requesting to speak with a parent?
People v. Kelly (2010) __ Cal.4th __ [2010 WL 184243]
Change to Medical Marijuana Law: On January 21, 2010, the California Supreme Court invalidated Health and Safety Code section 11362.77(a) which set limits on the amount of marijuana that a qualified medical marijuana patent or caregiver canlawfully possess. Instead, the court ruled, that pursuant to the California's Compassionate Use Act, “they may possess an amount of medical marijuana reasonably necessary for their, or their charges’, personal medical needs.”
Greene v. Camreta (9th Cir. 2009) 588 F.3d 1011
ISSUE: Did a sheriff’s deputy and child protective services caseworker violate the Fourth Amendment rights of a young girl by questioning her at school to determine whether she had been molested by her father?
NOTE: See "Forms" section for Camreta application for order, Points and Authorities, Order, and Parental consent form.
U.S. v. Pineda-Moreno (9th Cir. 2010) 591 F.3d 1212
ISSUES: (1) Must officers obtain a search warrant to install a tracking device to the undercarriage of a vehicle? (2) Is a warrant required to walk onto the suspect’s driveway to install the device?
People v. Branner (2009) 180 Cal.App.4th 308
ISSUE: Should evidence be suppressed if it was obtained in accordance with a search that was lawful when officers conducted it but, as the result of a change in the law, was subsequently declared unlawful?