Misdemeanor Cruelty to Children: PC §273a(b)
with William W. Bedsworth, Appellate Court Justice, State of California
Joe Reyes Perez was convicted of several charges including cruelty to a child
[Penal Code §273a(b)]. The theory of this charge was that he had been cruel
to the child by endangering its safety by keeping heroin and syringes in the
house where the child could get them. He appealed the conviction on the
basis that he had not had “care or custody of the child” as required by the
statute. Justice Bedsworth explains what is required for a 273a(b) conviction
and why Reyes did have “care or custody” of the child as contemplated by
the statute. Cases cited: People v. Perez (2008) DJDAR 11199 (July 23,
2008); People v. Malfavon (2002) 102 Cal. App. 4th 735. (7:18)

Search of a Purse Under Male Parolee's Search Clause
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Officers were not justified in searching a purse found at the foot of a female
passenger in a car belonging to a male parolee even though the female
passenger did not take the purse with her when officers ordered her out of
the car before the search took place. Case cited: People v. Baker (2008) 164
Cal.App.4th 1152. (5:33)

Border Searches: Routine vs. Non-Routine
with Daniel McNerney, Superior Court Judge, Orange County, CA
Although “routine” border searches require no justification, “non-routine”
searches, which are particularly intrusive, must be supported by reasonable
suspicion. Case cited: People v. Laborde (2008) 163 CA4 870. (9:20)

Private Citizen Search
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
In order for a private citizen who conducts a search to be deemed to be
acting as a police agent, it must be shown the police had more than mere
knowledge and passively acquiesced to the search– there must be
participation in, or active encouragement of, the search. Also, if a private
citizen conducts a search and then provides police a closed container (such as
a compact disc) seized during that search, police may only conduct a
warrantless search of that container if its contents had already been revealed
to the private citizen or the police are “substantially certain” of its contents
prior to opening it. Case cited: People v. Wilkinson (2008) 163 Cal.App.4th
1554. (18:56)

Interviewing Witnesses at the Station
with William W. Bedsworth, Appellate Court Justice, State of California
Police arriving at a murder scene talk to all the neighbors. Neighbors who
live next door seem particularly helpful and are asked to come to the police
station. While there, one is asked if he minds if the police look at his shoes.
He gives them his shoes, they match the bloody footprints found in the
victim’s home, one thing leads to another and the neighbor is convicted of
two murders. The question: Was he detained when he was taken to the
police department as a witness? Justice Bedsworth explains why he was not
and how to conduct witness interviews at the station without detaining them.
Case cited: People v. Zamudio (2008) DJDAR 5556 (April 22, 2008). (8:48)

All Grand Theft Requires Property Taken Has Value
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Grand theft from the person requires that the property taken from the victim
have some intrinsic value. However, even a forged check has some intrinsic
value based on the value of the paper on which it is printed. Case/statute
cited: People v. Cuellar (2008) 81 Cal.Rptr.3d 252; Pen. Code § 487(c).
(3:03)