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Penal Code § 422: Criminal Threats
with William W. Bedsworth, Appellate Court Justice, State of California
Penal Code §422 prohibits a threat to commit a crime, which will result in
death or great bodily injury, if the threat is intended to be taken seriously
and causes the person hearing it to reasonably fear for her or his safety.
Justice Bedsworth discusses the elements of the crime, and explains what
constitutes an attempted 422– also a felony. Case cited: People v. Jackson
09 DJDAR 15090 (October 23, 2009). (9:32)
What's a "Public Place" Under PC§ 12031?
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Compares the holdings in two different cases dealing with the issue of what
constitutes a “public place” for purposes of the statute prohibiting carrying a
loaded firearm in a public place. One case held a private driveway was a
public place, while the other held a yard enclosed by a fence was not a public
place. The rationale underlying each case is discussed. Cases/Statute cited:
People v. Strider (2009) 177 Cal.App.4th 1393; People v. Yarbrough (2008)
169 Cal.App.4th 303; Pen. Code § 12031. (13:02)
Vehicle Searches in the New Millenium
with Daniel McNerney, Superior Court Judge, Orange County, CA
Police may no longer conduct a vehicle search incident to arrest an occupant
of the vehicle after the arrestee has been secured in the police car. Cases
cited: New York v. Belton (1981) 453 U.S. 454; Thornton v. U.S. (2004) 541
U.S. 615; U.S. V. Gonzales (2009) DAR 12599; Arizona v. Gant (2009) 129
S. Ct. 1710. (6:19).
Closed Containers: When Expectation of Privacy is Waived
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
A suspect may waive his reasonable expectation of privacy in a closed
container by making an unequivocal, contemporaneous, and voluntary
disclosure that there is contraband in the container directly to a police officer.
However, a suspect does not lose his reasonable expectation of privacy in a
closed container just because he says things during a law enforcement-
monitored jail call to another person indicating a closed container located
somewhere outside the jail contains contraband. Case cited: United States v.
Monghur (9th Cir. 2009) 576 F.3d 1008. (11:47)
Search Incident to Arrest: Arm's Length Rule
with William W. Bedsworth, Appellate Court Justice, State of California
In Arizona v. Gant, the United States Supreme Court pulled back from almost
30 years of Fourth Amendment jurisprudence and re-instated the
interpretation of the law that limits a search incident to an arrest to the area
a suspect can reach– that is the area “within arm’s reach”– at the time of
the search. It held that police could not search a car after they had removed
the suspect from it, overruling their 1981 opinion in New York v. Belton. In
People v. Leal, a California Court applies this rule to search of a residence.
Justice Bedsworth explains this new rule. Cases cited: Arizona v. Gant (2009)
129 S. Ct. 1710; New York v. Belton (1981) 453 U.S. 454; People v. Leal 09
Daily Journal 15507 (November 2, 1009). (6:46)
Bringing Other Agencies Along When Serving Warrants
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Officers from one police agency may bring along officers from another
agency to help in the execution of a search warrant, even though the officers
from both agencies hope and expect to find evidence of another crime for
which probable cause is lacking, so long as the search is confined to what is
permitted by the search warrant. Case cited: People v. Carrington (2009) 47
Cal.4th 145. (14:14)
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