Vehicle Stops: Temporary Operating Permits
with Daniel McNerney, Superior Court Judge, Orange County, CA
Police do not have reasonable suspicion to initiate a traffic stop solely to
verify that the document taped to a vehicle’s window is a valid temporary
operating permit. Cases cited: In re Raymond C. (2006) 145 CA 4 1320;
People v. Saunders (2006) 38 C4 1129; People v. Hernandez (2008) 45 C4
295. (8:11)

Crimes Purge Taint of Unlawful Detentions
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Although an officer’s observations of a suspect’s conduct immediately
following an unlawful detention will ordinarily be suppressed, if the suspect’s
conduct constitutes a crime, then the crime will be deemed an intervening
event that dissipates the taint of the initial illegality and prevents suppression
of the observations. Describes a case applying that principle where officers
detained a suspect based on an invalid city ordinance. Case/statutes cited:
People v. Cox (2008) 168 Cal.App.4th 702; Veh. Code § 21956; Pen. Code
§§ 69, 148, 243(b), & 834. (13:58)

Detention: Anonymous Report
with William W. Bedsworth, Appellate Court Justice, State of California
Police received a phone call reporting a disturbance in a gang area. Along
with descriptions of the men, the caller said one of them might have a
handgun. Police, who had responded to a daytime shooting at the location
earlier in the week and confiscated two handguns, responded and reportedly
ordered Richard G., whose clothing matched the description, to stop. When he
failed to do so, he and an officer scuffled. Justice Bedsworth explains why
this detention was legal and how it differs from Florida v. J.L., which
generally disapproved of detention based on anonymous tips of handgun
possession. Cases cited: In re Richard G. (2009) DJDAR 6883 (May 14,
2009); Florida v. J.L. (200) 529 U.S. 266. (7:34)

Suspected Drug Use Alone Doesn't Allow Frisk
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Reasonable suspicion a person is under the influence of an illegal drug does
not, by itself, permit an officer to frisk the suspect in the absence of any
evidence the suspect is armed. Case cited: Ramirez v. City of Buena Park
(9th Cir. 2009) 560 F.3d 1012. (6:19)

Miranda: Invocation of Right to Silence
with Daniel McNerney, Superior Court Judge, Orange County, CA
In Deweaver v. Runnels, the Court finds that defendant’s comment: “I want to
go back to the jail” is not a invocation of his right to silence. Cases cited:
Deweaver v. Runnels (2009) DAR 2791; Davis v. U.S. (1994) 512 U.S. 457;
People v. Wash (1993) 6 C41; People v. Husslewhite (1998) 17 C4 1216;
Doody v. Schriro (2008) 548 F3 847. (8:48)

Multiple Parole Searches Do Not Equal Harassment
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Although a parolee can challenge a parole search conducted for arbitrary or
harassing purposes, just because an officer conducted two searches of a
parolee within 24 hours and had had numerous contacts with the parolee in
the past, this does not compel the conclusion the searches were done to
harass the parolee. Case cited: People v. Sardinas (2009) 170 Cal.App.4th
488. (7:52)