Miranda: Interviewing Co-Defendants
with Daniel McNerney, Superior Court Judge, State of California
When two or more suspects are jointly interviewed under Miranda, and each
adopts as true and correct the statements made by their co-defendants, those
statements may be introduced against all defendants at a joint trial. Cases/
Statutes cited: People v. Castille (2005) 129 CA4 836; Crawford v.
Washington (2004) 541 U.S. 36; People v. Combs (2004) 34 C4 821.
(7:36)

Grounds to Detain for Exhibition of Speed
with Jeff Rubin, Alameda County District Attorney's Office
An officer has reasonable suspicion to detain a suspect for “exhibition of
speed” where the officer sees the suspect accelerate and lose traction for
approximately 20-25 feet. Plus, state university police officers have
statewide authority to detain and arrest traffic violators. Case/Statute cited:
Brierton v. DMV (2005) DJDAR 7360; Veh. Code, § 23109(c). (3:53)

Wiretaps and Good Faith
with William Bedsworth, Justice of the Court of Appeal, State of California
One of the most demanding areas of the law for police officers is the
California Wiretap Act (Penal Code §§629.50 et seq). While potentially very
rewarding, wiretaps require strict adherence to very technical requirements –
even more technical than search warrants. Justice Bedsworth discusses the
basics of the wiretap law and explains why, if the tap is not properly
obtained, your good faith will not save the evidence. Cases/Statutes cited:
People v. Jackson (2005) 129 Cal App 4th 129; Penal Code §§629.50 et seq.
(6:35)

Asking for Consent During a Traffic Stop
with Jeff Rubin, Alameda County District Attorney's Office
As long as a traffic stop is not unreasonably prolonged, an officer does not
need reasonable suspicion of criminal activity in order to ask for consent to
search; and a traffic stop in which the officer sought consent to search within
two minutes of the initial stop was not unduly prolonged. Case cited: People
v. Gallardo (2005) 29 Cal.Rptr.3d 455. (3:54)

Search & Seizure: Still More on Anonymous Tips
with Daniel McNerney, Superior Court Judge, State of California
Generally, anonymous tips will not provide reasonable suspicion for a
detention unless they predict future criminal activity, or give accurate details
and provide first hand knowledge by the caller. Cases/Statutes cited: People
v. Jordan (2004) 121 CA4 544; People v. Dolly (2005) 128 CA4 1354.
(7:25)

Obstructing/Removing Telephone Lines: The Latest Word
with Jeff Rubin, Alameda County District Attorney's Office
Penal Code section 591, which punishes persons who unlawfully and
maliciously take down, remove, injure, or obstruct any line of telephone, or
any part thereof, or appurtenances or apparatus connected therewith, applies
when the phone is simply unplugged with unlawful and malicious intent--
even if the phone belongs to the defendant. Case/Statute cited: People v.
McElroy (2005) 126 Cal.App.4th 874; Pen. Code, § 591. (5:28)