Miranda: Advise First, Ask Questions Later
with Daniel McNerney, Superior Court Judge, State of California
If a suspect is given Miranda but is not questioned, the suspect’s efforts to
initiate a conversation about the crime will constitute an implied waiver.
Cases cited: Rhode Island v. Innis (1980) 446 U.S. 291; Oregon v. Bradshaw
(1983) 462 U.S. 1039; Williams v. Stewart (2006) DAR 2681; Brewer V.
Williams (1977) 430 U.S. 387. (9:30)

Parole Searches Don't Require Reasonable Suspicion
with Jeff Rubin, Alameda County District Attorney's Office
Police may conduct a search or seizure of a parolee without reasonable
suspicion so long as the search is not done for an arbitrary, capricious or
harassing purpose and the officer is aware of the parole search clause before
conducting the search or seizure. Case/statute cited: Samson v. California
(2006) 2006 WL 1666974; Pen. Code § 3056. (3:50)

Visual Cavity Searches
with William Bedsworth, Justice of the Court of Appeal, State of California
In this case, the city of Ventura’s jail policy regarding visual body cavity
searches was held unconstitutional. While the case primarily speaks to jailers,
Justice Bedsworth extracts from it some considerations that are important
with regard to all searches. Case cited: Way v. County of Ventura (2006
DJDAR 4722 4/21/06). (8:28)

Medical Marijuana Search Warrants
with Jeff Rubin, Alameda County District Attorney's Office
A warrant based on information that a suspect is openly growing a few
marijuana plants is devoid of probable cause where the suspect alerts law
enforcement that the cultivation is being done pursuant to a recommendation
from a doctor (whose name and number are provided) but the police fail to
verify the recommendation and there is no other evidence suggesting more
marijuana is being grown. Case/statute cited: People v. Russell (2006) 138
Cal.App.4th 723; Health & Saf. Code, § 11362.5. (8:55)

Vehicle Stops: Pretext Stop Made By a Different Officer
with Daniel McNerney, Superior Court Judge, State of California
An officer may initiate a traffic stop based on observations of a moving
violation made by another officer. Cases cited: Whren v. U.S. (1996) U.S.
806; U.S. v. Guerena (2006) DAR 4903. (7:03)

Duty of Medical Care to Injured Suspects
with Jeff Rubin, Alameda County District Attorney's Office
Police have a constitutional duty to seek medical attention for suspects
injured during an arrest. However, this duty is met when police either
promptly summon the necessary medical help or take the injured person to a
hospital. If this is done, an officer has acted reasonably under the Fourth
Amendment even if the officer does not perform a medical procedure (such
as giving CPR) that may have been the most effective treatment. Cases cited:
Tatum v. City and County of San Francisco (9th Cir. 2006) 441 F.3d 1090. (11:44)