Miranda: Unequivocal Invocation of Right to Counsel
with Daniel McNerney, Superior Court Judge, State of California
A suspect seeking to invoke his right to have an attorney during questioning
must make such request “clear and unambiguous.” Cases/Statutes cited:
People v. Stitley (2005) 35 C4 514; People v. Roquemore (2005) 131 CA4
11. (7:18)

Parole Search Clauses: Constructive Knowledge
with Jeff Rubin, Alameda County District Attorney's Office
Officers must have advance knowledge that a suspect has a parole search
clause in order to conduct a parole search. However, knowledge the suspect
is on parole provides sufficient knowledge the suspect has parole search
clause and the search may be conducted without reasonable suspicion
notwithstanding any arguably contrary rule in Ninth Circuit. Cases/Statute
cited: People v. Middleton (2005) 31 Cal.Rptr.3d 813; Moreno v. Baca (9th
Cir. 2005) 400 F.3d 1152; Pen. Code, § 3067. (3:09)

Stops on Anonymous Tips... Again
with William Bedsworth, Justice of the Court of Appeal, State of California
Search and seizure law is currently in a state of foment on the issue of
whether a stop can be justified on the basis of an anonymous tip. Justice
Bedsworth analyzes the latest in a series of very important cases in this area.
Cases/Statutes cited: People v. Rodgers (2005 DJDAR 10122, 8/22/05);
Florida v. J.L. (2000) 529 U.S. 266; U.S. v. Holloway (11th Cir. 2002) 290
F3d 1331; People v. Coulombe (2000) 86 CA4 52. (7:54)

Transferring Forfeited Property to the Feds
with Jeff Rubin, Alameda County District Attorney's Office
State law enforcement officers who seize property for forfeiture may transfer
that property to federal law enforcement officers for federal forfeiture
proceedings without providing notice to claimants. However, when the
property has been seized pursuant to a search warrant, a court order in state
court should be obtained authorizing the transfer. Cases/Statute cited: People
v. $25,000 (2005) 131 Cal.App.4th 127; Health & Saf. Code, §§ 11469 et
seq. (10:27)

Miranda: Foreign Translation of Rights
with Daniel McNerney, Superior Court Judge, State of California
Interpreters used to translate the advisement of Miranda rights must be
careful to translate completely and accurately. Cases/Statutes cited: U.S. v.
Lopez (2003) DAR 12191; U.S. v. Santa Cruz (1993) 826 F. Supp. 355;
People v. Jaing (2005) 130 CA4 1512. (6:14)

Recording Pre-trial Detainees and "Prompting Questions"
with Jeff Rubin, Alameda County District Attorney's Office
A jailed pre-trial detainee may be secretly tape-recorded talking to other
inmates while in a jail cell. Also, if police officers engage in custodial
interrogation of a jailed suspect after he has invoked his Miranda rights and
the suspect doesn’t say anything in response to the police but the police
interrogation does prompt the suspect to later say something to his fellow
inmates after the police are gone, there is no constitutional violation. Case
cited: People v. Davis (2005) 36 Cal.4th 510. (9:14)