Arson vs. Unlawfully Causing a Fire
with William W. Bedsworth, Appellate Court Justice, State of California
In this case, a juvenile court judge found a minor guilty of arson because be lit
a cherry bomb, which went off and set a hillside on fire. The Court of Appeal
revised, holding the minor was guilty only of a violation of Penal Code §452.
Case cited: In re J.H. (2009) DJDAR 16977. (5:01)

When Use of Taser is Excessive Force
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Discusses some of the principles governing when use of a taser will be deemed
to violate the Fourth Amendment’s prohibition on excessive force. Describes
circumstances in which the court found use of a taser on a bizarrely acting
nonviolent misdemeanant (who was standing 20-25 feet away from the officer
at the time he was tased) was excessive where the misdemeanant was not
standing still and had not physically nor verbally threatened the officer or any
member of the public. Case cited: Bryan v. McPherson (9th Cir. 2009) 590
F.3d 767. (20:53)

Search and Seizure: More Anonymous Tips
with Daniel McNerney, Superior Court Judge, Orange County, CA
Reviews a series of cases discussing when officers may act upon an anonymous
tip. Cases cited: People v. Jordan (2004) 121 CA4 544; People v. Dolly
(2007) 40 C4 458; People v. Carter (2005) 36 C4 1114; U.S. v. Marquez
(2009) 591 F3d 1272; Lowry v. Guiterrez (2005) 129 CA4 926; People v.
Rogers (2005) 131 CA4 1560; U.S. v. Jennen (2010) DAR 2771. (7:48)

When Use of Taser is NOT Excessive Force
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Covers a case finding the officer’s use of a taser on a female was reasonable,
where the officer was attempting to arrest her husband (a large and
belligerent male suspected of having engaged in domestic violence) in close
quarters, the female was standing in between the officer and her husband, and
the female was interfering with the arrest (albeit unintentionally). Case cited:
Mattos v. Agarano (9th Cir. 2010) 590 F.3d 1082. (19:00)

Use of Tasers
with William W. Bedsworth, Appellate Court Justice, State of California
In Brooks, police issued a speeding ticket to a pregnant woman. When she
refused to sign the citation, they tried to arrest her, but she resisted. Eventually
they tasered her– three times. After six years of litigation, the 9th Circuit Court
of Appeals threw out the lawsuit brought against the police for using excessive
force. Justice Bedsworth discusses why the court ruled in favor of the police,
why it took six years, and what it means with regard to taser use. Case cited:
Brooks v. City of Seattle (2010) DJDAR 4601 (March 29, 2010). (7:25)

Standardized Criteria Not Prerequisite to Decision to Tow
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Inventory searches may be found unconstitutional when the officer’s discretion
as to how to conduct the inventory is not subject to standardized criteria.
However, so long as the decision to impound or remove a vehicle is justified by
a community caretaking function and is reasonable under the circumstances, it
is not necessary that the decision to impound be subject to standardized criteria
– albeit, the decision to impound is more likely to satisfy the Fourth
Amendment if made pursuant to standardized criteria than if not so made.
Case cited: People v. Shafrir 2010 WL 1189584. (10:25)