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

2017 Editions

Complete Winter 2017 Edition

Articles

Recent Cases, Updates and Alerts

Ames v. King County (9th Cir. 2017) 846 F.3d 340
ISSUE:
Did a sheriff’s deputy act reasonably when she forcibly detained a woman who was interfering in a medical emergency?

U.S. v. Perkins (9th Cir. 2017) __ F.3d __ [2017 WL 957205]
ISSUES: (1) Was a search warrant affidavit intentionally or recklessly misleading? (2) If so,
did probable cause exist despite the misleading information? (3) If a warrant to search
for child pornography was based on a photo, must the photo be included in the affidavit?

People v. Villa-Gomez (2017) __ Cal.App.5th __ [2017 WL930816]
ISSUE:
If a sheriff’s deputy asks a prisoner about his gang membership during the booking process, are his responses admissible to prove his gang affiliation as to a crime he committed later?

People v. Superior Court (Corbett) (2017) __ Cal.App.5th __ [2017WL 588128]
ISSUES:
(1) Did an officer violate the defendant’s Miranda rights? (2) Did the defendant voluntarily consent to a search of his home? (3) If the consent was involuntary, was the search nevertheless lawful because the officers had probable cause for a warrant? (4) If the search was illegal, was the evidence nevertheless admissible under the “inevitable discovery” rule?

U.S. v. Paxton et al. (7th Cir. 2017) __ F.3d __ [2017 WL 655432]
ISSUE: Did a group of arrestees reasonably believe that their conversation in the back of a police transport van would be private?