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

2017 Editions

Complete Spring-Summer 2017 Edition
Complete Winter 2017 Edition

Recent Cases, Updates and Alerts

People v. McKnight (2017) __ P.3d -- [2017 WL 2981808]
ISSUES:
(1) Does the use of a K9 to detect marijuana in a vehicle constitute a “search” in states where possession of small amounts of marijuana is lawful? (2) If so, did the officers have probable cause to search?

U.S. v. Spivey (11th Cir. 2017) __ F.3d. __ [2017 WL 2782852]
ISSUE: Under what circumstances will consent to enter a residence be invalidated if officers lied about their objective?

People v. Nguyen (2017) 12 Cal.App.5th 574
ISSUE: Did a search warrant impliedly authorize a search of two residences on the suspect's property?

U.S. v. Ulbricht (2nd Cir. 2017) 858 F.3d 71
ISSUE:
When officers write search warrants for electronic communications or data, how much specificity is required when describing the information to be seized?

People v. Pou (2017) 11 Cal.App.5th 143
ISSUE: Did the "emergency aid" exception to the warrant requirement justify a warrantless entry and protective sweep of a home?

People v. Cervantes (2017) 11 Cal.App.5th 860
ISSUE:
Did officers exceed the permissible scope of a probation search of a vehicle when they searched two bags in the back seat even though the bags did not belong to the probationer?

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) 850 F.3d 1109
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) 9 Cal.App.5th 527
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) 8 Cal.App.5th 670
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) 848 F.3d 803
ISSUE: Did a group of arrestees reasonably believe that their conversation in the back of a police transport van would be private?