Vehicle Code §21801(a): Left Turn Violation
with William W. Bedsworth, Appellate Court Justice, State of California
Sixteen years ago, Justice Bedsworth wrote his first published opinion on
whether a driver stopped at a traffic signal had to wait for opposing traffic to
clear before making his turn. On the theory that there might be a few people
working traffic enforcement who weren’t doing so in 1992, he explains
Vehicle Code §21801(a) and the Marsh case. Case cited: People v. Marsh
(1992) 8 Cal. App. 4th Supp. 1. (5:53)

Qualifying as a "Marijuana for Sale" Expert
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
In order for an officer to qualify as an expert in the possession of marijuana
for sale when a medicinal marijuana defense is raised, the officer must be
familiar with the patterns of lawful possession of “medicinal marijuana”
(under the Compassionate Use Act) so as to be able to differentiate between
persons who possess marijuana lawfully for their own consumption and those
possessing it unlawfully with the intent to sell. Cases cited: People v. Chakos
(2007) 158 Cal.App.4th 357; People v. Hunt (1971) 4 Cal.3d 231. (10:19)

Search and Seizure: Justification for Probation Searches
with Daniel McNerney, Superior Court Judge, Orange County, CA
Probation searches require no showing of particularized suspicion of
wrongdoing, so long as they are not conducted in an unreasonable manner
or for purposes of harassment. Cases cited: People v. Medina (2008) DAR
846; People v. Bravo (1987) 43 C3 600; Samson v. California (2006) 126 S.
Ct. 2193. (8:26)

Proving Knowledge of a Drug's Narcotic Nature
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Showing a suspect is in constructive possession of a small amount of drugs is
not, by itself, sufficient to convict the person of the crime of possession
because it must also be shown the suspect knew of the drugs’ narcotic nature.
Discusses the kind of additional evidence needed to prove, beyond a
reasonable doubt, that a suspect had the required knowledge. Case/statute
cited: People v.Tripp (2007) 151 Cal.App.4th 951; Health & Saf. Code §
11377. (11:28)

More on Temporary Operating Permit Display
with William W. Bedsworth, Appellate Court Justice, State of California
In Dean the court dealt with a detention based upon possible expired
registration. The officer saw that the car had no current registration sticker
on its license plate and pulled it over. In fact, the driver had a temporary
operating permit, which may have been displayed, but since the officer said
he couldn't recall if he looked for a temporary operating permit, it was
impossible to tell. Justice Bedsworth explains why the court suppressed the
cocaine and marijuana found in the car and what you need to keep from
having the same thing happen to you. Case cited: People v. Dean (2007)
DJDAR 18882 (12/21/07). (8:39)

"Seizing" the Police During Departmental Investigation
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Discusses a case holding sheriff’s deputies who were the focus of a criminal
investigation were not seized, for Fourth Amendment purposes, just because
they were ordered by their supervisor to stick around the station for
questioning after their shift ended. The various factors that went into
determining whether a seizure had occurred are discussed. Case cited:
Aguilera v. Baca (9th Cir. 2007) 510 F.3d 1161. (14:08)