School Searches: Degree of Intrusion
with Daniel McNerney, Superior Court Judge, Orange County, CA
In evaluating legality of a school search, courts will balance the
dangerousness of the conduct under investigation against the degree of
intrusion into the student’s privacy. (7:37)

Public "Reach-In" Searches - Permissible?
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Can an officer open a parolee’s pants and reach inside his underwear to
check for contraband in a public location? Discusses a case upholding such a
search and highlights what factors courts will consider in assessing whether
such a search will be deemed a reasonable “reach-in” search or an
unreasonable public strip search. The officer who conducted the search is
interviewed. Case cited: People v. Smith (2009) 172 Cal.App.4th 1354.
(15:21)

Search of a Hotel Room
with William W. Bedsworth, Appellate Court Justice, State of California
The occupant of a hotel room has a reasonable expectation of privacy in that
room unless he obtained the room fraudulently. If he did not obtain use of
the room fraudulently, police cannot enter the room, even with probable
cause, unless they have a warrant, consent, an emergency-- or the occupant
has been lawfully evicted. Justice Bedsworth discusses the Young case where
evidence was suppressed because the defendant, while clearly a crook, had
paid for the room and had not been evicted by the hotel. Case cited:
United States v. Young (2009) U.S. App. LEXIS 15500. (8:25)

Delaying Packages Past Guaranteed Delivery Time
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
An addressee has no Fourth Amendment possessory interest in a package
that has a guaranteed delivery time until such delivery time has passed.
Before then, law enforcement may detain such a package for inspection
purposes without violating the Fourth Amendment. Once the guaranteed
delivery time passes, however, law enforcement must have a reasonable and
articulable suspicion the package contains contraband or evidence of illegal
activity to further detain it. Case cited: United States v. Jefferson (9th Cir.
2009) 566 F.3d 928. (5:54)

Computer Searches: Put It In Your Warrant!
with Daniel McNerney, Superior Court Judge, Orange County, CA
In the Payton case, the Federal 9th Circuit Court of Appeals holds that in order
to search a computer found at the scene of the service of a search warrant,
the warrant must specifically authorize a computer search. Cases cited: U.S.
v. Payton (2009) DAR 10800; US v. Giberson (2008) 527 F. 3d 882. (8:39)

"Rescue Doctrine" Exception to Miranda Rules
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
The “rescue doctrine” permits officers to noncoercively question a defendant
in custody who has asserted his right to counsel “under circumstances of
extreme emergency where the possibility of saving the life of a missing
victim exists– even if the victim has been missing for a long period of time.
The doctrine was highlighted in the infamous Polly Klass kidnapping-murder
case. Cases cited: Edwards v. Arizona (1981) 451 U.S. 477; People v. Davis
(2009) 46 Cal.4th 539. (15:47)