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

2017 Editions

Complete Spring-Summer 2017 Edition
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?