S&S: More On Anonymous Tips
with Daniel McNerney, Superior Court Judge, State of California
In order for police to detain a suspect based on an anonymous tip, the tipster
must indicate that they have personal knowledge of the information given to
police, and the information must predict future criminal activities that can be
corroborated by police. Cases cited: Florida v. J.L. (2000) 529 U.S. 266;
People v. Jordan (2004) 121 CA4 544. (9:41)

Search of Vehicle Incident to Arrest
with Jeff Rubin, Alameda County District Attorney's Office
As long as there is probable cause to make an arrest, and the search is
conducted “roughly contemporaneously” with the arrest, a search incident to
arrest (including a search of a vehicle) is permitted-- regardless of whether
the search occurs before or after the formal arrest. Cases cited: Chimel v.
California (1969) 395 U.S. 752; New York v. Belton (1981) 453 U.S. 454;
United States v. Smith (9th Cir. 2004) 389 F.3d 944; United States v.
McLaughlin (9th Cir. 1999) 170 F.3d 889; United States v. Hudson (9th Cir.
1996) 100 F.3d 1409. (6:56)

Security Camera Photos and Lineups or Showups
with William Bedsworth, Justice of the Court of Appeal, State of California
In this case, the Ninth Circuit Court of Appeals dealt with a bank robbery in
which police showed witnesses security camera photos of the robber before
showing them a photo showing of suspects. The court held this was a
permissible and reasonable law enforcement technique. Justice Bedsworth
explains when you can show photos of the perpetration to witnesses prior to
lineups or showups. Case cited: United States v. Beck (2005) DJDAR 162.
(5:42)

Unreasonable Delay in Taking Arrestee to Magistrate
with Jeff Rubin, Alameda County District Attorney's Office
Where an arrestee is brought in for a traffic violation but no attempt is made
to book or arraign him on that violation and instead he is detained for 16
hours while being interviewed about a murder case for which probable cause
to arrest him is lacking, there is a Fourth Amendment violation. Plus, a
suspect with subnormal intelligence can still give a knowing and intelligent
Miranda waiver. Cases cited: County of Riverside v. McLaughlin (1991) 500
U.S. 44; People v. Jenkins (2004) 122 Cal.App.4th 1160. (14:09)

Search and Seizure: Protective Sweeps
with Daniel McNerney, Superior Court Judge, State of California
In order to enter a home to conduct a “protective sweep,” police must have
reasonable suspicion that there is a person present in the house posing a
danger to officer safety. Cases cited: Maryland v. Buie (1990) 494 U.S. 325;
U.S. v. Gould (2004) 364 F3d 578; U.S. v. Daoust (1990) 916 F2d 757; U.S.
v. Wilson (2001) 306 F3d 231; State v. Revenaugh (1999) 173 Idaho 774;
People v. Celis (2004) 33 C4 667. (7:54)

Statements Taken After Illegal Arrest
with Jeff Rubin, Alameda County District Attorney's Office
Although a statement taken during an unreasonably delay in bringing an
arrestee before a magistrate may be suppressed, if the suspect is released
from custody for a period of time and then voluntarily returns to give another
statement, the second statement may still be admissible. Plus, it is
permissible to place two suspects together in a jail cell and secretly record
them. Case cited: People v. Jenkins (2004) 122 Cal.App.4th 1160. (10:57)