Unreasonable Force
with William Bedsworth, Justice of the Court of Appeal, State of California
IRS agents with a warrant for the parents of an 11-year-old boy encountered
the boy first. They proned him out on the driveway, held a gun to his head,
searched him, cuffed him and sat him down on the curb while they arrested
his parents. They are presently defending an unreasonable force lawsuit in
federal court. Justice Bedsworth discusses the lessons this case teaches. Case
cited: Tekle v. United States (2006) DJDAR 10587. (6:48)

Searching Dorm Rooms: Consent of University Enough?
with Jeff Rubin, Alameda County District Attorney's Office
Students have a comparable reasonable expectation of privacy in a dorm to
tenants in a rented apartment and thus getting consent to enter a dorm room
from campus security, but not the student, is not sufficient to permit entry
into the room without a warrant in the absence of exigent circumstances.
Case cited: People v. Superior Court (Walker) (2006) 143 Cal.App.4th 1183.
(16:01)

Traffic Stops: Reasonable Suspicion
with Daniel McNerney, Superior Court Judge, State of California
In determining whether an officer has reasonable suspicion to conduct a
traffic stop, the court will consider not only the articulable facts the officer
relied on, but also his/her training and experience in interpreting those facts
to be consistent with criminal activity. (8:41)

Juvenile Search Clause: Advance Knowledge Required
with Jeff Rubin, Alameda County District Attorney's Office
Evidence seized as a result of a detention of a minor with a juvenile
probation search clause must be suppressed if the detention is not supported
by reasonable suspicion and the officer is unaware of the search clause
before the detention. Case cited: In re Jaime P. (2006) 2006 WL 3437058.
(3:24)

A New Kind of Kidnapping
with William Bedsworth, Justice of the Court of Appeal, State of California
We all have a picture in our mind of what a kidnapping is, and since Penal
Code §207 defines kidnapping by reference to force and fear, our mental
picture usually involves someone being dragged away or forced into a car at
gunpoint. But in the Dalerio case, the court dealt with the attempted murder
of a nine-year-old girl and upheld a kidnapping that involved no force and
no fear. Justice Bedsworth explains this case of great importance to officers
working crimes against children. Case cited: People v. Dalerio (2006) DJDAR
14777. (6:48)

Stop Based on Officer Fabrication Requires Suppression
with Jeff Rubin, Alameda County District Attorney's Office
If officers lied about defendant’s car having broken brake light and that was
the only ground for traffic stop, evidence obtained from the car pursuant to a
search incident to the arrest of the defendant on an outstanding warrant
(that was discovered after the stop) must be suppressed. Case cited: People
v. Rodriguez (2006) 143 Cal.App.4th 1137. (6:26)