Vehicle Stops: Ordering Passengers In Or Out
with Daniel McNerney, Superior Court Judge, Orange County, CA
For officer safety purposes, police may order a passenger to either remain
seated in a stopped vehicle, or order the passenger to exit and stand or site
nearby where he can be seen as the officer completes his/her investigation.
Cases cited: People v. Vibanco (2007) 151 CA4 1; Maryland v. Wilson
(1997) 519 U.S. 408; People v. Castellon (1999) 76 CA4 1369. (6:16)

Frisks of Occupants During Narcotics Searches
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
An officer conducting a probation search of a home based on evidence of
narcotics trafficking occurring in the home may not, as a matter of course,
pat-search an occupant sitting on the steps of the home. Rather, there must
be individualized suspicion that the particular occupant is armed and
dangerous. Cases cited: People v. Sandoval (2008) 163 Cal.App.4th 205;
People v. Thurman (1989) 209 Cal.App.3d 817. (11:18)

PC §4574(a): Weapons in the Jail
with William W. Bedsworth, Appellate Court Justice, State of California
Barbara Jean Ross was arrested for assault with a knife and booked into the
Santa Barbara jail. In going through the booking process, she was found to
have a knife in her underwear. She was charged with a second felony:
bringing a deadly weapon into the jail in violation of Penal Code §4574(a).
Justice Bedsworth describes her amazing defense to this charge and explains
why it failed. Case cited: People v. Ross (2008) DJDAR 6850 (May 14,
2008). (4:41)

“Stickers” As Graffiti & Knives Altered to be Switchblades
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Adhesive stickers with graffiti-style lettering and gang initials qualify as a
“marking substance” for purpose of the statute prohibiting possession of a
marking substance with the intent to commit vandalism or graffiti (Penal
Code § 594.2(a)(2). A folding knife with a locking blade that has been
altered or broken so that the blade opens with a flick of the wrist qualifies as
a “switchblade” for purposes of the statute prohibiting the possession of
switchblade knives (Penal Code § 653k). Case/Statutes cited: In re Angel R.
(2008) 163 Cal.App.4th 905; Pen. Code §§ 594.2 and 653k. (8:37)

Computers: Document Repositories
with Daniel McNerney, Superior Court Judge, Orange County, CA
In the new millennium, computers are considered to be document
repositories not unlike desks or file cabinets, and are subject to search in the
same manner. Case cited: U.S. v. Giberson (2008) DAR 7875. (8:51)

Delayed Search of Cell Phone Seized Upon Arrest
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Even though a substantial period of time has elapsed after an arrest, items
“immediately associated with” the person of an arrestee that are seized
incident to that arrest may still be searched. Discusses a case upholding the
conduct of an officer who accessed a cell phone taken from an arrestee 90
minutes after the formal arrest. Other issues involving searches of cell
phones are also explored. Case cited: People v. Diaz 2008 WL 2908704.
(12:14)