Interrogating Juvenile Suspects
with William W. Bedsworth, Appellate Court Justice, State of California
Police in Everett, WA interviewed a four-year-old girl, who said she had been
molested by a 14-year-old boy when she was three. A detective went to the
boy’s school and interviewed him for two hours, during which he repeatedly
denied the crime. Eventually the boy confessed. The state court found the
confession was coerced and that there was no probable cause for holding the
boy for two hours of interrogation. It further found the girl to be incompetent
to testify and dismissed the case. The boy and his parents sued. Justice
Bedsworth explains the very sensitive area of interviewing child suspects and
victims. Case cited: Stoot v. City of Everett (2009) DJDAR 13848. (7:33)

"John Doe" DNA Profile Arrest Warrants
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
A “John Doe” arrest warrant that identifies the target of the warrant only by
reference to a DNA profile meets the constitutional and statutory requirement
that an arrest warrant be sufficiently particular in its description to identify the
person to be arrested. The issuance of such a warrant will stop the statute of
limitations on a crime from continuing to run. Case cited: People v. Robinson
2010 DJDAR 1214. (11:04)

Search and Seizure: Special Needs Detentions
with Daniel McNerney, Superior Court Judge, Orange County, CA
In order for a “Special Needs” detention to be lawful, the primary purpose
cannot be for general criminal investigation. Cases cited: Indianapolis v.
Edmond (2000) 531 U.S. 32; People v. Maikhio (2010) 180 CA4 1178.
(5:49)

Specific Limits on Medical Marijuana Invalidated
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Under the Compassionate Use Act (Proposition 215), a person who has a
doctor’s recommendation or approval to possess medical marijuana is limited
to possessing an amount reasonably related to that person’s current medical
needs. The limitation still applies. Subsequently passed legislation on medical
marijuana is invalid, but only to the extent it limits the amount of marijuana
that can be possessed to six mature or twelve immature plants and eight
ounces of dried marijuana regardless of the person’s current medical needs.
Case cited: People v. Kelly (2010) 47 Cal.4th 1008. (8:37)

Courtroom Decorum: Commemorative Buttons
with William W. Bedsworth, Appellate Court Justice, State of California
When Gregory Zielesch was tried for the cold-blooded murder of a highway
patrolman, many spectators showed up the first day wearing buttons that
depicted the slain patrolman, Andrew Stevens. Defense objected that the
buttons could influence the jury. The court overruled the objection and Zielesch
raised it again on appeal. Justice Bedsworth discusses what may and may not
be worn in a courtroom and why Zielesch’s conviction was affirmed.
People v. Zielesch (2009) DJDAR 16503 (11/23/09). (9:36)

School Campus Interviews with Molestation Victims
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
The Ninth Circuit has held removal of a child from a school classroom and
subsequent interview by a caseworker and/or police officer will be deemed a
violation of the Fourth Amendment in the absence of parental consent, exigent
circumstances, or a warrant or court order where such removal and interview is
deemed a seizure. This video also discusses how officers may best respond to
the court’s holding. Cases/Statutes cited: Greene v. Camreta (9th Cir. 2009)
588 F.3d 1011; Pen. Code § 11174.3; Welf. & Inst. Code §§ 300, 305.
(17:49)