He Copped Out to Grandma
with William Bedsworth, Justice of the Court of Appeal, State of California
When a suspect invokes his/her Miranda rights, the Fifth Amendment is
implicated, usually referred to as the right to silence or the right against selfincrimination.
But once a suspect has counsel, the Sixth Amendment right to
counsel is involved. Justice Bedsworth examines the Thornton case (where
the defendant was interrogated by his grandmother) to explain why peace
officers need to be aware of the difference between these two constitutional
rights. Case cited: People v. Thornton (2007) 41 Cal 4th 391. (7:38)

Entering Home to Serve Misdemeanor Bench Warrant
with Jeff Rubin, Alameda County District Attorney’s Office
A valid arrest warrant carries with it the right to enter a residence to make
the arrest regardless of whether it is a felony arrest warrant or a
misdemeanor bench warrant for failure to appear. Case cited: United States
v. Gooch (9th Cir. 2007) 2007 WL 3197083. (2:35)

School Searches: Private Body Parts
with Daniel McNerney, Superior Court Judge, State of California
The legality of a search of a student’s private areas will depend on the size of
the items of contraband sought, the manner in which the search is conducted,
and the importance of the governmental interest at stake. Cases cited: New
Jersey v. Tlo (1985) 469 U.S. 325; Redding v. Safford Unified School District
(2007) DAR 14770. (9:01)

Interpretation of "Burglary Tools" Broadened
with Jeff Rubin, Alameda County District Attorney’s Office
A slingshot and a box cutter, even though not specifically listed in Penal Code
section 466, can qualify as burglary tools. The definition of burglary tools is
broader than indicated in previous case law. Cases cited: People v. Kelly
(2007) 154 Cal.App.4th 961; People v. Gordon (2001) 90 Cal.App.4th 1409;
Pen. Code § 466. (7:38)

Medical Marijuana: Returning the Weed
with William Bedsworth, Justice of the Court of Appeal, State of California
Justice Bedsworth recently authored an opinion requiring the City of Garden
Grove to return eight grams of marijuana to a man whose possession case
had been dismissed under the California Compassionate Use Act because he
had an order from a licensed physician. He explains why this has NO impact
on an officer's day-to-day enforcement of California law. Case cited: Garden
Grove v. Superior Court. (6:18)

Consensual Encounters Inside the Home
with Jeff Rubin, Alameda County District Attorney’s Office
A consensual encounter can occur inside a residence. Such an encounter is
not inherently coercive and is not subject to heightened scrutiny just because
it occurs in a home. Consensual encounters in the home are treated just like
consensual encounters on the street. It is not necessary for an officer to ask
permission to initiate a conversation with a person or inform the person they
do not have to speak with the officer just because they encounter the person
in a home. Case cited: People v. Rivera (2007) 156 Cal.App.4th 60. (6:54)