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

2018 Editions

Complete Spring-Summer 2018 Edition
Complete Winter 2018 Edition

Recent Cases, Updates and Alerts

Collins v. Virginia (2018) __ U.S. __ [2018 WL 2402551]
ISSUES: (1) If officers have probable cause to search a suspect’s vehicle, may they do so
without a warrant if the vehicle was parked on the suspect’s driveway? (2) If probable
cause is not enough, under what circumstances can such an entry be based on implied
consent?

People v. Gutierrez (2018) __ Cal.App.5th __ [2018 WL 1531154]
ISSUE: When conducting probation searches of a residence, under what circumstances may officers detain visitors?

DNA Testing of Arrestees: On April 2, 2018 the California Supreme Court ruled that, per California's DNA Act (Proposition 69), officers may, without a warrant, take DNA samples from people who have been arrested and are being booked for a felony]. People v. Buza (2018) __ C5 __ [2018 WL 1570366].

U.S. v. Sanjar et al. (5th Cir. 2017) 876 F.3d 725.
ISSUES: (1) Did a search warrant describe the evidence to be seized with sufficient particularity? (2) Did the affidavit establish probable cause to believe that all of the documents to be seized constituted evidence of a crime?

Smith v. City of Santa Clara (9th Cir. 2017) 876 F.3d 987.
ISSUE: Are officers prohibited from conducting a probation search of a residence if an occupant who is not on probation objects to the search?

District of Columbia v. Wesby (2018) __ U.S. __ [138 S.Ct. 577]
ISSUE: Did officers have probable cause to arrest 21 partygoers for unlawfully entering a vacant house?

People v. Almeda et al. (2018) 19 Cal.App.5th 346.
ISSUE: Was a jailhouse informant functioning as a police agent when he elicited incriminating statements from a murder suspect?

In re I.F. (2018) 20 Cal.App.5th 735.
ISSUE: Did officers violate the Miranda rights of a 12-year old murder suspect?