Hard Plastic Knuckles: Illegal?
with William W. Bedsworth, Appellate Court Justice, State of California
Justice Bedsworth responds to a very good question for the Yuba County
Community College District: Does California law, which clearly prohibits the
possession of metal knuckles and clearly prohibits the manufacture or sale of
hard plastic or wooden knuckles, anywhere prohibit the possession of hard
plastic knuckles? The answer may be “no.” Case cited: In re Roosevelt H.
(Call. App. Unpub. Lexis 263)(1/9/2003). (5:28)

Limits on Entry to Seize 5150's Firearms
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
In a recent appellate case, the court held that, notwithstanding the statute
allowing for seizure of a firearm in the possession of a mentally disordered
person (Pen. Code § 8102), an officer cannot enter the residence of the
mentally disordered person (Pen. Code § 5150) to retrieve a firearm
without, or even with a warrant, in the absence of an exception to the
warrant requirement. No such exception allowed entry in the case because
the suspect was detained outside the home, the suspect was going to be held
in custody, and there was nobody inside the home. Note: The California
Supreme Court has taken up this case for review. Case/Statutes cited: People
v. Sweig (2008) 167 Cal.App.4th 274; Pen. Code § 1524; Welf. & Inst. Code
§§ 5150, 8102. (12:41)

Traffic Stops: Passenger Pat-Downs
with Daniel McNerney, Superior Court Judge, Orange County, CA
Because passengers in a lawfully stopped vehicle are “detained," they are
subject to a pat-down upon particularized suspicion that they may be armed
and dangerous. Cases cited: Maryland v. Wilson (1997) 519 U.S. 408;
Arizona v. Johnson (2009) 555 U.S.; Brendlin v. California (2007) 551 U.S.
249. (8:16)

Butane Extraction of Hash Oil Equals Manufacturing
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
A suspect who uses butane to extract concentrated cannabis from marijuana
may properly be prosecuted for manufacturing a controlled substance under
Health and Safety Code section 11379.6. Case/Statutes cited: People v.
Bergen (2008) 166 Cal.App.4th 161; Health & Saf. Code §§ 11358,
11379.6. (8:04)

Penal Code §148: Obstructing Justice
with William W. Bedsworth, Appellate Court Justice, State of California
While case law has held that “momentary disobedience” will rarely support
an arrest for obstructing an officer, it is nonetheless, the citizen’s
responsibility to obey lawful and valid police orders. Justice Bedsworth
discusses an Oregon domestic violence case, which rather clearly illustrates
the conduct, which will provide probable cause for a PC §148 arrest, where
the nature of the crime is refusal to cooperate. Case cited: Lassiter v. City of
Bremerton (2009) DJDAR 2813 (2/27/2009). (6:44)

Tent-Like Structure Protected by Fourth Amendment
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
A tent or tent-like structure pitched on a legal public campground will be
treated as a residence for purposes of the Fourth Amendment warrant
requirement even if the structure houses a vehicle that officers have
probable cause to search. Case: People v. Hughston (2008) 168 Cal.App.4th
1062. (8:37)