Bicycle Footrest As "Metal Knuckles"
with William W. Bedsworth, Appellate Court Justice, State of California
David V. was stopped while riding his bike and found to have a bicycle
footrest in his back pocket. There was no way to attach the footrest to the
bike and officers testified footrests like this one were commonly used as
weapons. Justice Bedsworth explains what is required to show a violation of
Penal Code §12020 based on devices like this one, which have legitimate
uses in addition to their weapon value. Case cited: David V. (2008) 166 CA
4th 801. (7:22)

Latest on the Medical Marijuana Defense
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
A defendant may raise a medical marijuana defense even though the
recommendation from a doctor to use marijuana is not recent and does not
specify a particular amount. Also, to raise the defense of being a “primary
caregiver” under the Prop 215 (the Compassionate Use Act) the defendant
must do more than just supply marijuana. The Attorney General’s guidelines
on medical marijuana are located at: http://ag.ca.gov/cms_attachments/press/
pdfs/n1601_medicalmarijuanaguidelines.pdf. Cases/Statutes cited: People v.
Windus (2008) 165 Cal.App.4th 634; Health & Saf. Code § 11359. (13:02)

Evidence: Chain of Custody
with Daniel McNerney, Superior Court Judge, Orange County, CA
When the chain of evidence is challenged at trial, police have the burden of
demonstrating to a reasonable certainty that there was no alteration or
substitution. Cases cited: People v. Williams (1997) 16 C4 153; People v.
Jiminez (2008) 165 CA4 75. (8:18)

Drug Possession Arming Clauses
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
A suspect may be deemed “personally armed” during the commission of a
drug possession offense based on placing a firearm in close proximity to
drugs so that the firearm is available for offensive or defensive use-- even if
the purpose of placing the firearm next to the drugs was not to facilitate
possession of the drugs. Case/Statutes cited: People v. Pitto (2008) 43
Cal.4th 228; Pen. Code §§ 12022(a)(1)&(c). (9:45)

Searching Arrivees During Warrant Execution
with William W. Bedsworth, Appellate Court Justice, State of California
In this case, Oregon police obtained a warrant to search the rural properties
of Jeffrey Davis. During the search, his brother Richard drove up and was
detained and frisked; his car was searched. Justice Bedsworth explains why
police were allowed to detain and frisk a person who arrived at a premises
being searched pursuant to warrant, but were not allowed to open the
container they found in his pocket. He also explains the rules applying to
searching the car of someone who arrives while a warrant is being executed.
Case cited: United States v. Davis (2008) 10007 (July 1, 2008). (7:25)

The "Present Ability" Element of Assault
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
An assault is an unlawful attempt, coupled with a present ability, to commit a
violent injury on the person of another. A suspect who points a loaded but
unchambered firearm at an area where he believes a pursuing deputy is
about to appear has committed an assault with a firearm on a peace officer--
even though the suspect never fires the weapon and the deputy never
actually appears at the targeted area. Cases/statute cited: People v. Chance
(2008) 44 Cal.4th 1164; People v. Raviart (2001) 93 Cal.App.4th 258;
People v. Hunter (1925) 71 Cal.App. 315; People v. Yslas (1865) 27 Cal.
630; People v. McMakin (1857) 8 Cal. 547; Pen. Code § 245(c). (10:27)