School Searches Revisited
with Daniel McNerney, Superior Court Judge, Orange County, CA
The 9th Circuit has reversed its earlier ruling that schools may conduct a strip
search of a student suspected of possessing or furnishing prescription
medicine. Cases cited: Redding v. Safford Unified School District (2007) 504
F3d 828; New Jersey v. TLO (1985) 469 U.S. 325. (8:15)

Searches of Motel Rooms "Abandoned" by Guests
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
If the objective circumstances show that a motel guest no longer has a
reasonable expectation of privacy in his motel room because he has
“abandoned” the room, it is not unlawful for officers to make a warrantless
entry into that room. Discusses a case upholding such an entry even though
the guest left personal items in the room and his car parked in the motel
parking lot. Case cited: People v. Parson (2008) 44 Cal.4th 332. (8:44)

Entry 101: Going Into a Home
with William W. Bedsworth, Appellate Court Justice, State of California
Justice Bedsworth talks about immigration cases about as often as he roots
for the Yankees, so you know he feels this one is valuable. In this segment,
he tells the basic rules of entry into a home and why officers have to know
the rules to keep from getting sued. Cases cited: Lopez-Rodriguez v.
Mukasey (2008) DOS 10408 August 11, 2008; Payton v. New York (1980)
445 U.S. 573. (7:44)

Requests for Counsel at Jail Disciplinary Hearings
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
A defendant’s request for the presence of counsel at a jail disciplinary
hearing based on misconduct committed while defendant was in jail does not
constitute an unambiguous request for counsel for all purposes. Thus, so
long as a waiver of Miranda rights is obtained from that defendant before a
later interrogation, a deputy investigating that same misconduct for potential
criminal prosecution is not prohibited from interviewing the defendant after
the disciplinary hearing. Cases cited: People v. Wyatt (2008) 165
Cal.App.4th 1592; Edwards v. Arizona (1981) 451 U.S. 477. (8:44)

Miranda: Re-advisement After Break in Interrogation
with Daniel McNerney, Superior Court Judge, Orange County, CA
Depending on the circumstances, it may not be necessary to re-advise a
suspect of his Miranda rights before resuming interrogation after a break.
Cases cited: People v. Smith (2007) 40 C4 483; People v. Stallworth (2008)
164 CA4 1079. (7:00)

When Handcuffing Converts Detention Into Arrest
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Although handcuffing a suspect during a detention will not necessarily
transform a detention into an arrest, it can do so when there is no evidence
to suggest the suspect detained poses a danger or will flee and there is
nothing to indicate the handcuffing was otherwise necessary to effectuate the
purpose of the stop. Case cited: In re Antonio B. (2008) 166 Cal.App.4th 435. (8:34)