2020 Editions

COMPLETE WINTER EDITION

COMPLETE SPRING-SUMMER EDITION

Recent Cases

U.S. v. Rickmon (7th Cir. 2020) __ F.3d __ [2020 WL 1164269]
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) __ F.3d __ [2020 WL 3249060]
ISSUE: Must officers have a search warrant to install and monitor a pole camera located across the street from a suspect's home?

People v. Johnson (2020) __ Cal.App.5th __ [2020 WL 3166612]

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?

Kansas v. Glover (2020) __ U.S. __ [2020 WL 1668283]
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) __ Cal.App.5th __ [2020 WL 1163518]
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?

Correction; In the Recent Case report on People v. Lee we said that probable cause to search a vehicle for drugs would exist only if officers had probable cause to believe the drugs were possessed for sale. This applies only if, as in Lee, the drug was marijuana and the officers did not have probable cause to believe it was possessed in violation of California law; e.g., they did not have probable cause to believe that the amount exceeded one ounce, or that the marijuana was not in a closed container, or that someone in the vehicle had been smoking it. As always, probable cause to search for drugs that are per se illegal to possess (e.g., heroin, cocaine, methamphetamine) may exist regardless of whether there was reason to believe that the drugs were possessed for sale.