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Case Law Today Series - 2010

May 2010 Edition - Case Law Today  
 


Traffic Stops: More on Temporary Tags
with Daniel McNerney, Superior Court Judge, Orange County, CA
Unless an officer sees an object on the rear window consistent with a
temporary operating permit, he/she may initiate a traffic stop of a vehicle
without plates. Cases cited: In re Raymond C.- (2008) 45 C4 303; People v.
Saunders (2006) 38 C4 1129; People v. Hernandez (2008) 45 C4 295; People
v. Dotson (2009) 179 CA4 1045. (8:27)

Unauthorized Police Agreements with Informants
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
A “cooperation agreement” between the police and an informant under which
the informant provides information in exchange for a promise from the police
that charges will be dismissed is generally unenforceable where charges have
already been filed. Case cited: People v. C.S.A (2010) 181 Cal.App.4th 773.
(7:55)

Accident Photos of Victim
with William W. Bedsworth, Appellate Court Justice, State of California
In this case, the California Court of Appeal held that police officers can be
civilly liable for what they do with accident photos. Justice Bedsworth discusses
the ramifications of this very important case. Case cited: Catsouras v.
California Highway Patrol (2010) 181 Cal App 4th 856. (8:11)

"Public Place" Under PC§ 594.1 Includes Public Schools
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
A public school is a “public place” for purposes of the statute prohibiting
possession of etching cream or aerosol spray paint containers, while in a public
place, with the intent to deface public property. Case/Statute cited: In re
Miguel H. (2010) 180 Cal.App.4th 1429; Pen. Code § 594.1(e)(1). (4:36)

Exigent Circumstances: Illegal Aliens
with Daniel McNerney, Superior Court Judge, Orange County, CA
Reliable information that a large number of illegal aliens are being held in a
safe house provides exigent circumstances for a warrantless entry. Case cited:
U.S. v. Bosque (2010) DAR 3045. (7:26)

Specific Language of Miranda Admonition Not Set in Stone
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
No specific language is required when advising a suspect of the Miranda rights,
but the language used must reasonably convey each of the rights, including
that the suspect has a right to consult with a lawyer before being interrogated
and to have a lawyer present during interrogation. Cases cited: Florida v.
Powell (2010) 130 S.Ct. 1195; Miranda v. Arizona (1966) 384 U.S. 441.
(4:36)

Date Produced: May 2010
CPT Hours/Credits: NA
Length: Approx. 1 Hour
Reference Guide: No
 
   
 
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