Articles

"Knock and Talks" (86KB pdf)
Informants: Protecting Their Identity (147KB pdf)
Investigative "Contacts" (157KB pdf)
Obtaining Financial Records (130KB pdf)
Post-Invocation Questioning (140KB pdf)
"Technical" Miranda Violations (100KB pdf)
Miranda Waivers and Invocations (275KB pdf)

Recent Cases

People v. Hernandez (37Kb pdf) (California Court of Appeal December 18, 2006) (2006) __ Cal.App.4th __ [2006 WL 3707831] : ISSUE: Can officers stop a car with a temporary operating permit solely to determine whether the permit is valid?

People v. Williams (43Kb pdf) (California Court of Appeal December 13, 2006) 145 Cal.App.4th 756 : ISSUE: Was the impoundment and inventory search of the defendant's car reasonably necessary?

People v. Jaime P.(43Kb pdf) (California Supreme Court November 30, 2006) (2006) 40 Cal.4th 128 : ISSUE: Can a warrantless search of a minor be upheld as a probation search if officers were unaware the minor was on probation?

People v. Windham (45Kb pdf) (California Court of Appeal November 01, 2006) __ Cal.App.4th __ [2006 WL 3222305] : ISSUE: Is court authorization required to monitor and record a jail or prison inmate's non-attorney phone calls?

People v. Superior Court (Walker) (51Kb pdf) (California Court of Appeal October 11, 2006) 143 Cal.App.4th 1183 : ISSUE: Did a university safety officer have actual or apparent authority to permit police officers to enter the defendant's dormatory room? If not, was the evidence in the room admissible under the doctrine of inevitable discovery?

United States v. Paopao (43Kb pdf) (U.S. Court of Appeals (9th Circuit) October 10, 2006) (9th Cir. 2006) 465 F.3d 404 : ISSUE: Can officers conduct a protective sweep of the inside of a residence based on an arrest that occurred outside?

People v. Rodriguez (43Kb pdf) (California Court of Appeal October 10, 2006) (2006) 143 Cal.App.4th 1137 : ISSUE: Assuming that officers lied about the existence of grounds to make a traffic stop, must evidence be suppressed if it was discovered after the driver was lawfully arrested?

U.S. v. Arnold (40Kb pdf) (U.S. District Court (C.D. Cal.) October 01, 2006) __ F.Supp.2d __ [2006 WL 2861592] : ISSUE: Are warrantless searches of computers so unusually intrusive that they should not be permitted at international borders without some level of suspicion?

U.S. v. Washington (45Kb pdf) (U.S. Court of Appeals (9th Circuit) September 01, 2006) 462 F.3d 1124 : ISSUE: Does a suspect invoke Miranda if he refuses to talk with officers, but agrees to listen to a presentation of incriminating evidence?

U.S. v. Arellano-Ochoa (44Kb)* (U.S. Court of Appeals (9th Circuit) August 31, 2006) 461 F.3d 1142 : ISSUE: (1) Did an officer "search" the defendant's residence when he opened the screen door and looked inside? (2) Did exigent circumstances justify the officer's entry?

U.S. v. Choudhry (40Kb pdf) (U.S. Court of Appeals (9th Circuit) August 25, 2006) 461 F.3d 1097 : ISSUE: Can officers make a traffic stop on grounds the driver violated a city parking ordinance?

U.S. v. Flatter (35Kb pdf) (U.S. Court of Appeals (9th Circuit) August 01, 2006) (9th Cir. 2006) __ F.3d __ : ISSUE: Can officers pat search a suspect on grounds they were going to question him about a crime?

U.S. v. McWeeney (39Kb pdf) (U.S. Court of Appeals (9th Circuit) July 21, 2006) (9th Cir. 2006) __ F.3d __ : ISSUE: (1) Does consent to "look" in a car authorize a "search" of the vehicle? (2) Does consent to search a car authorize a search of the trunk? (3) When a person consents to a search, do officers interfere with his right to delimit or withdraw consent when they command him not to watch?

People v. Brendlin (43Kb pdf) (California Supreme Court June 29, 2006) (2006) __ Cal.4th __ [2006 WL 1766532] : ISSUE: When officers make a traffic stop on a vehicle occupied by two or more people, is everyone in the car automatically detained, or just the driver?

People v. Wells (47Kb pdf) (California Supreme Court June 26, 2006) (2006) __ Cal.4th __ [2006 WL 1726460] : ISSUE: May officers stop a suspected drunk driver based solely on an anonymous tip?

People v. Ramirez (30Kb pdf) (California Court of Appeal June 21, 2006) (2006) 140 Cal.App.4th 849 : ISSUE: Did an officer have grounds to detain a pedestrian for jaywalking?

Samson v. California (49Kb pdf) (United States Supreme Court June 19, 2006) (2006) __ U.S. __ [2006 WL 1666974] : ISSUE: May officers conduct parole searches even though they have no reason to believe the parolee is continuing to engage in criminal activity?

Hudson v. Michigan (49Kb pdf) (United States Supreme Court June 15, 2006) (2006) __ U.S. __ [2006 WL 1640577] : ISSUE: Can evidence be suppressed as the result of a knock-notice violation?

People v. Thompson (56Kb pdf) (California Supreme Court June 01, 2006) __ Cal.4th __ [2006 WL 1492431] : ISSUE: Did exigent circumstances justify a warrantless entry into the defendant's home to arrest him for DUI?

Brigham City v. Stuart (32Kb pdf) (United States Supreme Court May 22, 2006) __ U.S. __ [2006 WL 1374566] : ISSUE: Can officers enter a house under the emergency aid exception if they reasonably believe that the occupants are engaged in a fistfight?

People v. Guerra (47Kb pdf) (Cal Supreme Court. POV posting: April 28, 2006) (March 1, 2006) 37 Cal.4th 1067 : ISSUE: Did a detective's act of ignoring a murder suspect's Miranda invocation, and his threat to arrest him if he refused to waive his rights, render the suspect's subsequent statements inadmissible?

Georgia v. Randolph (49Kb pdf) (U.S.Supreme Court. POV posting: April 16, 2006) (March 22, 2006) __ U.S. __ : ISSUE: If officers obtain consent to search a residence from one inhabitant, is the search unlawful if another inhabitant objects?

People v. Balint (48Kb pdf) (Cal Court of Appeal. POV posting: March 31, 2006) (March 30, 2006) 138 Cal.App.4th 200 : ISSUE: If officers discover a computer while executing a warrant to search for stolen property or other contraband, may they seize it on grounds it probably contained indicia?

United States v. Grubbs (38Kb pdf) (U.S. Supreme Court. POV posting: March 21, 2006) (March 21, 2006) __ U.S. __ : ISSUE: Are anticipatory search warrants lawful? If so, did the Ninth Circuit err when it ruled the triggering event must be set forth in both the affidavit and the warrant?

U.S. v. Gourde (43Kb pdf) (USCA (9th Circuit). POV posting: March 10, 2006) (9th Cir. March 9, 2006)__ F.3d __ : ISSUE: Did officers have probable cause to search the defendant's computer for child pornography based on his membership in a website that mainly provided downloads of such images?

U.S. v. Russell (42Kb pdf) (USCA (9th Circuit). POV posting: February 24, 2006) (9th Cir. Jan. 30, 2006) 436 F.3d 1086 : ISSUE: Did exigent circumstances justify a warrantless entry into the defendant?s home?

U.S. v. Coles (51Kb pdf) (USCA (3rd Cir.). Posting date: February 13, 2006) (3rd Cir. February 1, 2006) 437 F.3d 361 : ISSUE: Did officers deliberately create an exigent circumstance so as to gain entry into the defendant?s hotel room?