Miranda: Simplifying the Advisement of Rights
with Daniel McNerney, Superior Court Judge, Orange County, CA
When a suspect expresses confusion regarding Miranda rights, police may
restate them in simpler terms to help the suspect better understand. Case
cited: People v. Cruz (2008) 44 C4th 636. (7:20)

Prop 215's Term "Primary Caregiver" Defined
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Under the Compassionate Use Act, a person may cultivate or possess
marijuana if he/she has a recommendation or approval from a doctor to use
marijuana and cultivates or possesses marijuana solely for medical use. This
person is considered a “patient.” A suspect who is a “primary caregiver” for
a patient also has a defense against a charge of cultivation or possession of
marijuana but only if that person has assumed responsibility for the housing,
health, or safety of the patient. Defines precisely how a person may qualify
as a "primary caregiver." Case cited: People v. Mentch (2008) 45 Cal.4th
274; Health & Saf. Code § 11362.5. (14:27)

Firearm Crimes and the Second Amendment
with William W. Bedsworth, Appellate Court Justice, State of California
Late last year, the United States Supreme Court decided Heller, holding
unconstitutional a Washington D.C. ordinance prohibiting possession of
firearms. Since then, several California felons have tried to use Heller as a
basis for overturning their convictions for gun felonies. They have failed.
Justice Bedsworth explains why and what effect Heller has on day-to-day law
enforcement. Cases cited: District of Columbia v. Heller (2008); People v.
Yarborough (2008) DJDAR 18467 (concealed weapon); People v. Flores
(2008) DJDAR 18615 (criminal in possession; concealed weapon; loaded
weapon in car). (6:55)

The Exclusionary Rule and Faulty Police Records
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Evidence seized as a result of an unlawful arrest will not be suppressed where
the arrest is based on erroneous information from another agency that the
arrestee had an outstanding warrant and the mistaken information was the
result of isolated police negligence. Cases cited: Herring v. United States
2009 WL 77886; Arizona v. Evans (1995) 514 U.S. 1. (11:01)

Miranda: Interrogation in Suspect's Home
with Daniel McNerney, Superior Court Judge, Orange County, CA
Judge McNerney explains how a recent federal 9th Circuit is critical of officers’
interrogation of a person inside his own home. Case cited: U.S. v. Craighead
(2008) 539 F.3d 1073. (10:51)

Limited Entry Into Home Through Ruse Sometimes OK
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
An officer’s ruse of posing as potential home buyer, unbeknownst to the
realtor, to gain entry into a home for the purpose of corroborating an
informant’s information does not violate the Fourth Amendment so long as
the officer does no more than what any member of the home-buying public
would be invited to do. Case: People v. Lucatero (2008) 166 Cal.App.4th
1110. (8:46)