2020 Editions
COMPLETE WINTER EDITION (including the articles Special Needs Detentions, Pat Searches, and Miranda "interrogation")
COMPLETE SPRING-SUMMER EDITION (including the articles Grounds to Detain, Miranda Waivers, and "Knock and Talks")
COMPLETE FALL EDITION (including the articles Investigative Contacts and Protective Sweeps)
Recent Cases
People v. Maxwell (2020) __ Cal.App.5th __ [2020 WL 7296850]
What is the permissible scope of a probation search of a vehicle if the probationer was a passenger?
People v. Hall (2020) __ Cal.App.5th __ [2020 WL 6882240]
ISSUE: Did an officer have probable cause to search a vehicle for marijuana?
U.S. v. Cobb (4th Cir. 2020) 970 F.3d 319
ISSUE: Did a warrant to search a computer adequately describe the files that could be searched?
People v. Wilson (2020) 56 Cal.App.5th 128
ISSUES: (1) Did a routine search of emailed photos by Google constitute a “police” search? (2) When these photos were transmitted to a law enforcement task force, were officers required to obtain a warrant before viewing them?
People v. Suarez (2020) 10 Cal.5th 116
ISSUES: (1) Did exigent circumstances justify a warrantless entry into a murder suspect's trailer? (2) Did deputies violate Miranda when they questioned the suspect?
U.S. v. Weaver (2nd Cir. 2020) 975 F.3d 94
ISSUE: If a detainee conspicuously attempts to hide something down his pants, is it unreasonable for officers to believe that he might be trying to hide a firearm?
***For reasons we covered in this report, the court's ruling was reversed on August 16, 2021 by the en banc panel. It is not citable authority.
People v. Johnson (2020) 50 Cal.App.5th 620
ISSUES: (1) Does the odor of marijuana from inside a vehicle provide officers with probable cause to search it for marijuana? (2) Is it illegal to transport a container of marijuana in a vehicle if it is closed but not sealed?
People v. Henderson (2020) 9 Cal.5th 1013
ISSUE: Did an officer violate Miranda in obtaining a confession from a murder suspect?
People v. Bowen (2020) 52 Cal.App.5th 130
ISSUE: Did officers have grounds to initiate an emergency "ping" on a suspect's cell phone?
U.S. v. Curry (4th Cir. 2020) 965 F.3d 313
ISSUES: (1) Did officers have grounds to detain a person who was leaving a location from which gunshots had just been fired? (2) Under what circumstances, if any, may officers detain a person on grounds of exigent circumstances?
U.S. v. Rickmon (7th Cir. 2020) 952 F.3d 876
ISSUE: Under what circumstances can a ShotSpotter alert provide officers with grounds to detain people in the area?
U.S. v. Moore-Bush (1st Cir. 2020) 963 F.3d 29
ISSUE: Must officers have a search warrant to install and monitor a pole camera located across the street from a suspect's home?
Kansas v. Glover (2020) __ U.S. __ [140 S.Ct. 1183]
Issue: If an officer runs the license plate on a moving vehicle and learns that the registered owner’s license had been suspended or revoked, does the officer have grounds to stop the vehicle to investigate?
People v. Lopez (2020) 46 Cal.App.5th 317
Issue: If officers arrest a person for driving under the influence of drugs, does he effectively consent to a blood draw if he does not object when informed that he is required by law to provide a blood sample?
U.S. v. Blakeney (4th Cir. 2020) 949 F.3d 851
Issues: Did a search warrant affidavit for a blood draw establish probable cause to believe that a DUI suspect was impaired? (2) Did the affidavit establish probable cause to search the Event Data Recorder in the suspect's car?
People v. Rubio (2020) 43 Cal.App.5t 342
Issue: Under what circumstances will a “shots fired outside a residence” constitute an exigent circumstance that would authorize a warrantless entry into a home to search for victims?
In re Anthony L. (2019 ) 43 Cal.App.5th 438
Issue: What are the consequences if officers interrogate a 15-year old suspect who has not yet conferred with an attorney?