Parole/Probation Searches: Motel Residence?
with Daniel McNerney, Superior Court Judge, Orange County, CA
Law enforcement must have probable cause that a parolee or probationer
currently resides at a particular location in order to conduct a warrantless
parole/probation search. Cases cited: Motley v. Parks (2005) 432 F3d 1072;
U.S. v. Franklin (2010) DAR 6363. (7:02)

Officer Telling Jury of Suppressed Confession = Reversal
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Discusses a case where a detective, upset with having the suspect’s confession
suppressed, intentionally brought out the fact the suspect had given a
confession. The appellate court found that while an inadvertent slip of the
tongue that reveals evidence of a suppressed confession might be cured by a
judge’s instruction to disregard the testimony, the detective’s conduct in the
instant case was incurably prejudicial and required reversal. Case cited:
People v. Navarrete (2010) (2010) 181 Cal.App.4th 828. (7:15)

Firing Into Vehicle
with William W. Bedsworth, Appellate Court Justice, State of California
Here’s a typical gang violence scenario: defendants see a car they identify
(wrongly as it turns out) as that of a rival gang member. The windows of the
car are heavily tinted, so they can’t see in, but they drive by and fire off a
volley of shots. When they are prosecuted for assault with a deadly weapon on
all the car’s occupants, they complain that they should only face one charge–
that because of the tinting they did not know anybody but the driver was in the
car. Justice Bedsworth explains why they lose. Case cited: People v. Trujillo
(2010) DJDAR 2265 (2/11/10). (5:05)

Unreasonably Prolonged "Seizure" of House is Unconstitutional
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
The Fourth Amendment may be violated if the police “seize” a residence for
too long while awaiting a warrant. Discusses the circumstances where a 26.5-
hour delay between the initial seizure of the house and issuance of the search
warrant was held to be unreasonable and a violation of the Fourth Amendment
requiring suppression of evidence found inside the residence. Case cited:
United States v. Cha (9th Cir. 2010) 597 F.3d 995. (12:09)

School Searches: With a Little Help from My Friends... the Police
with Daniel McNerney, Superior Court Judge, Orange County, CA
School officials may conduct a school search based on information provided by
police, and with the presence and participation of police. Cases cited: New
Jersey v. TLO (1985) 469 U.S. 325; In re K.S. (2010) 183 CA4 72. (7:00)

Maintaining Place for Drug Use Requires Use by Others
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Health and Safety Code section 11366 prohibits maintaining or opening a
place for the purpose of continuously or repeatedly selling, giving away, or
using any controlled substance. However, in order to convict the owner of a
location under the theory that the place is being maintained for the continuous
or repeated use of a controlled substance, persons other than the owner must
be using the controlled substance. Case/statute cited: People v. Franco (2009)
180 Cal.App.4th 713; Health & Saf. Code § 11366. (2:08)