S&S: School Pat-downs
with Daniel McNerney, Superior Court Judge, State of California
Pat-downs of persons for weapons on school grounds may be conducted
without a showing of reasonable suspicion that the subject is armed or
dangerous. Cases cited: In re Randy G. (2001) 26 C4 556; In re William G.
(1985) 40 C3 550; People v. Jose Y.; (2006) 141 CA4 748; In re Latasha W.
(1998) 60 CA4 1524. (5:32)

Section 12020: Required State of Mind
with Jeff Rubin, Alameda County District Attorney's Office
To prove a violation of Penal Code section 12020, it must be shown that the
suspect knew of the existence of the weapon as well as the characteristics of
the weapon that make it illegal. When it comes to short-barreled rifles, for
instance, it must be shown the suspect knew the rifle was unusually short
even though it is not necessary to show the suspect knew it was illegal or its
exact dimensions. Cases/statutes cited: People v. King (2006) 38 Cal.4th
617; People v. Taylor (2001) 93 Cal.App.4th 933; Pen. Code § 12020.
(6:56)

Protective Sweeps: Outside Arrest
with William Bedsworth, Justice of the Court of Appeal, State of California
It has long been the law that police making an arrest inside a residence can
conduct a brief search to guarantee their safety– to make sure there is no
one else in the residence who could do them harm. It has also been the law,
though less well-known, that police making an arrest outside a residence can
make a “protective sweep” search to make sure no one in the residence is a
threat. Justice Bedsworth explains the rules that apply to a protective sweep
of the inside of a residence after an arrest outside it. Case cited: United
States v. Paopao (2006 DJDAR 13706 October 11, 2006). (7:19)

Detentions Based on Parking Violations Okay
with Jeff Rubin, Alameda County District Attorney's Office
Police officers may detain a suspect based on reasonable suspicion the
suspect has committed a parking violation (such as parking in a no-parking
zone). Case/statute cited: United States v. Choudry (9th Cir. 2006) 461 F.3d
1097; Veh. Code § 22651(n). (3:47)

S&S: Public Access Checkpoints
with Daniel McNerney, Superior Court Judge, State of California
Information checkpoints operated by law enforcement at entrances to parks,
lakes or recreational areas may be used to briefly stop and contact motorists,
so long as their “primary purpose” is not crime control. Cases cited:
Michigan State Police v. Sitz (1990) 496 U.S. 444; Indianapolis v. Edmond
(2000) 531 U.S. 32; U.S. v. Faulkner (2006) DAR 7365. (8:08)

Miranda Rule and Agreements to Listen
with Jeff Rubin, Alameda County District Attorney's Office
A suspect who, after being informed of his Miranda rights, does not
specifically waive his rights but “agrees to listen” will not be deemed to have
invoked his Miranda rights. Also, asking a suspect for his gang name and
moniker before informing him of his Miranda rights is proper when such
questioning is normally attendant to arrest and custody. Case cited: United
States v. Washington (9th Cir. 2006) 462 F.3d 1124. (8:35)