What Is Not a Crime: Videotaping Police
with William Bedsworth, Justice of the Court of Appeal, State of California
There is no reasonable expectation of privacy in things you say on the police
radio. And the actions you take in public are likewise public. You cannot stop
anyone from videotaping an arrest or police radio dispatch. You can make it
more difficult (by rolling up your car windows, for example) but it is not illegal
and you cannot prohibit it. Justice Bedsworth explains this, using the
cautionary tale of a small-town Washington police chief who got sued for this.
Case cited: Johnson v. Hawe (2004) (September 1, 2004) DJDAR 10814.
(7:00)

Searching Hatchback Cargo Area Incident to Arrest
with Jeff Rubin, Alameda County District Attorney's Office
The cargo portion of a hatchback vehicle is part of the “passenger
compartment” for purposes of the Belton rule allowing search of the
passenger compartment of a vehicle incident to arrest, even if it is covered.
Other issues arising in the case of Mayo are also discussed with the
investigating officer. Cases cited: United States v. Mayo (2005) DJDAR 604
New York v. Belton (1981) 453 U.S. 454. (14:47)

Parole/Probation Searches: Areas of Joint Access
with Daniel McNerney, Superior Court Judge, State of California
An officer’s knowledge of the search and seizure condition of a person’s
parole or probation allows the officer to search all areas of the residence to
which the parolee/probationer reasonably appears to have normal access to.
Cases cited: People v. Woods (1999) 21 CA4 668; People v. Johnson (1980)
105 CA3 884; People v. Pleasant (2004) 123 CA4 194. (7:57)

Ambiguous Requests for Counsel
with Jeff Rubin, Alameda County District Attorney's Office
Once a suspect has asserted his/her right to counsel during custodial
interrogation, the interrogation must cease. However, if the request for
counsel is ambiguous or equivocal, officers are not required to stop their
interrogation. Cases cited: Davis v. United States (1994) 512 U.S. 452; People
v. Gonzalez (2005) 34 Cal.4th 1111. (8:10)

Search of a Car Incident to Arrest of Occupant
with William Bedsworth, Justice of the Court of Appeal, State of California
Justice Bedsworth discusses one of those rare and wonderful bright line rules:
search of an automobile incident to arrest. The law is – at least for now –
very clear about what you can and cannot search incident to the arrest of a
driver. As this case makes clear, you can search a car incident to an arrest
even if you arrested your suspect outside the car and even if there could be
no evidence of the crime in the car. Justice Bedsworth explains how this can
be true. Cases cited: United States v. Osife (2004) DJDAR 2058; Chimel v.
California (1969) 395 U.S. 752. (7:22)

Dog Sniffs Are Not Searches
with Jeff Rubin, Alameda County District Attorney's Office
No reasonable suspicion is required before having a narcotics sniffing dog
sniff around the exterior of a vehicle during an otherwise lawful traffic stop,
so long as use of the dog does not unreasonably prolong the stop, because
such sniffing does not violate a privacy right protected by the Fourth
Amendment (i.e., it is not a search). Case cited: Illinois v. Caballes (2005)
125 S.Ct. 834. (4:29)