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)
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