What Is a Reasonable Police Officer?
with William W. Bedsworth, Appellate Court Justice, State of California
Peace officers are confronted every day with decisions that require them to
exercise their judgment in the field –often on a moment’s notice. Those
decisions are then received for “reasonableness.” Whether the issue is
detention, search, arrest, civil liability, or a dozen other things, the courts
always talk about what a “reasonable” police officer “would have done –
approving reasonable” actions and disapproving “unreasonable” ones.
Justice Bedsworth talks about the standard. (8:10)

When Workplace Interrogations Are Deemed "Custody"
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
The Ninth Circuit held a suspect was not in custody for Miranda purposes,
even though he was interviewed for 2½ hours and he was involuntarily
brought to the interview, where the suspect was interviewed in a conference
room at his workplace by plainclothes officers whose weapons were not
visible, the suspect was told he was not under arrest and would not be
arrested, the interview was largely non-confrontational, and the suspect
willingly participated in the interview. Case cited: United States v. Bassignani
(9th Cir. 2009) 560 F.3d 989. (14:24)

Massiah Violations and Impeachments
with Daniel McNerney, Superior Court Judge, Orange County, CA
Statements taken from a suspect in violation of Massiah may nevertheless be
used for impeachment. Cases cited: Massiah v. U.S. (1964) 377 U.S. 2d;
Kansas v. Ventris (2009) 556 U.S. (8:43)

Use of Fake Polygraph During Interview - Coercive?
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Some, but not all, police deception will render a statement involuntary. This
video discusses a case finding a statement voluntary where police used a
fake polygraph test and test results to induce a suspect to give a statement.
Case cited: People v. Mays (2009) 174 Cal.App.4th 156. (12:11)

Emergency Entry of a Home
with William W. Bedsworth, Appellate Court Justice, State of California
In Hopkins police received a report from a citizen that she had been involved
in a minor traffic accident and that the other driver had fled to his home and
gone inside. She said he had the odor of alcohol on his breath. Police were
unable to get a response at the house and finally entered –without warrant
or consent. They tried to claim emergency on three different bases. Justice
Bedsworth explains why this argument failed and the federal civil rights
action against them continued. Case cited: Hopkins v. Bonvicino (2009)
DJDAR 10593 (July 20, 2009). (8:07)

Consent to Search Where Multiple Occupants Reside
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
If police obtain valid consent to search from one occupant of a house, they
are not obligated to also seek the consent of a co-occupant who was arrested
outside the house shortly before consent was obtained, so long as the cooccupant
was not arrested in order to avoid his potential objection to the
search. Cases cited: United States v. Brown (9th Cir. 2009) 563 F.3d 410;
Georgia v. Randolph (2006) 547 U.S. 103; United States v. Murphy (9th Cir.
2008) 516 F.3d 1117. (8:50)