Pre-Filing Delays: Prejudice
with Daniel McNerney, Superior Court Judge, Orange County, CA
When a defendant demonstrates prejudice resulting in a delay between the
crime and the filing of criminal charges, the court will balance that prejudice
against the government’s justification for the delay. Case cited: People v.
Nelson (2008) 43 C4 1242. (8:27)

PC to Believe Parolee Lives at Residence
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
In order to conduct a parole search of a residence, law enforcement officers
must have probable cause to believe the parolee is a resident of the house to
be searched; nothing in the law justifies a warrantless entry into a third
person’s house in order to arrest or search a parolee. The case discussed
provides an example of insufficient probable cause to believe a parolee
resides inside a home entered by law enforcement. Case cited: Cuevas v.
DeRoco (9th Cir. 2008) 531 F.3d 726. (16:06)

Freedom of Speech and PC §§422 and 148.1
with William W. Bedsworth, Appellate Court Justice, State of California
Several Grass Valley police officers and the city that employed them were
sued in federal court for violating Matt Fogel’s civil rights. Fogel’s crazily
painted VW van included messages that said “W.O.M.D. on Board” and “Pull
Me Over Please: I Dare Ya.” The GVPD arrested him for terrorist threats (PC
§422) and falsely reporting a bomb (PC §148.1). The DA refused to file, of
course, and Fogel sued. He lost, but the next police department might not be
that lucky. Justice Bedsworth explains why this case should serve as a
warning to every department. Case cited: Fogel v. Collins (2008) DJDAR
9852 (6/30/08). (9:10)

Switchblades as Weapons Under Penal Code §12020
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
A switchblade knife as defined in Penal Code section 653k (a misdemeanor)
can also be a “dirk or dagger” as defined in section Penal Code section
12020 (a felony wobbler), even if it is carried concealed in its closed
position. Case/Statutes cited: People v. Plumlee 2008 DJDAR 14307; Pen.
Code §§ 653k and 12020(a)(4). (6:01)

Traffic Stops: Lane Change Signal
with Daniel McNerney, Superior Court Judge, Orange County, CA
VC §22107 requires a driver to signal for any lane change when there are
other vehicles in the area who could be affected by the lane change. Case
cited: People v. Logsdon (2008) 164 CA4 741. (7:30)

Pregnancy and Abortion as "Great Bodily Injury"
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
A suspect who causes a female to get pregnant as a result of an unlawful
sexual act (forcible or not) may, in certain circumstances, be found to have
inflicted great bodily injury for purposes of imposing an enhanced sentence
under Penal Code section 12022.7. Whether the pregnancy results in an
abortion is relevant to whether the pregnancy constitutes great bodily injury
but the fact the victim gets an abortion does not mean the suspect personally
inflicted the abortion. Case/statute cited: People v. Cross (2008) 45 Cal.4th
58; Pen. Code § 12022.7. (9:02)