Basic Law of Hit-and-Run
with William W. Bedsworth, Appellate Court Justice, State of California
Andrew Mace was convicted of violating California V.C. §20001. Justice
Bedsworth outlines and reviews the basic principles of the law pertaining to hitand-
run. Case cited: People v. Mace (2011) 198 Cal. App. 4th 875. (5:19)

Opening Packages Placed With Common Carriers
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Packages consigned to a common carrier for shipment may be seized and
searched without a warrant when the police have probable cause to believe that
a package contains contraband. However, the police must search the container
immediately. If the search takes place after the package has been brought to
the station, a search warrant must be obtained –absent exigent circumstances.
Also, there is no “plain smell” equivalent of the plain view doctrine allowing for
a warrantless search of a package, at least where the smell is the only evidence
the package contains contraband. Cases cited: Robey v. Superior Court (2011)
200 Cal.App.4th 1; People v. McKinnon (1972) 7 Cal.3d 899. (8:50)

Interrogations: Promises of Leniency
with Daniel McNerney, Superior Court Judge, Orange County, CA
Implied offers of leniency can render an otherwise voluntary interrogation
involuntary. Cases cited: People v. Cahill (1994) 22 CA4 296; People v.
Jiminez (1978) 21 C3 595; In re Clyde K. (1987) 192 CA3 710; People v. Scott
(2011) 52 C4 452. (8:52)

Latest from the High Court on Miranda
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
A suspect’s invocation of his Miranda rights during a non-custodial interview
neither prevents police from re-contacting the suspect nor counts as an
invocation for purposes of a later custodial interview. It is not unconstitutional
for police to urge a suspect to confess before his accomplice confesses. The High
Court upheld the admission of a Mirandized second interview following an initial
voluntary interview taken in violation of Miranda where there was a signifi cant
break and dramatic change in circumstances between interviews, and the fi rst
interview did not result in a confession. Case cited: Bobby v. Dixon (2011) 132
S.Ct. 26. (9:03)

"Civil Liability Pitfalls" - Part 1
with Devallis Rutledge, Special Counsel, Los Angeles CO District Attorney's Offi ce
Discusses several key civil liability cases: PC 4030(f) strip-search of specifi ed
misdemeanants in pretrial detention; blanket strip-search policy for 11550
arrestees subjects sheriff’s deputies to suit; U.S. Supreme Court to decide
constitutionality of pretrial strip-searches; absent consent, exigency or
probation/parole term, police need a warrant to enter to arrest; OK to order the
suspect outside and then arrest, if no entry, no Payton problem; and, order out
equals “constructive illegal entry,” for which civil liability may result. Cases/
Statutes cited: PC 4030(f); Way v. County of Ventura (9 Cir. 2006) 445 F3d
1157; Florence v. Board of Chosen Freeholders, No. 10-945; Payton v. New
York (1980) 445 US 573; People v. Trudell (1985) 173 Cal. App. 3d 1221; US
v. Al-Azzawy (9 Cir. 1985) 784 F2d 890. (5:11)

PC or Warrant Unnecessary to Insert Key
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
There is a split in the case law as to whether inserting a key into the door of a
residence constitutes a search. However, assuming it is a search, it may be done
without probable cause or a search warrant where it is reasonable to do so. It
was reasonable to do so where an offi cer removed keys from a vehicle driven
by a shooting suspect who had fl ed the vehicle and the offi cer used one of the
keys to see if it fi t a nearby residence that had shell casings in front of it. Case
cited: People v. Robinson (2011) 200 Cal.App.4th 552. (9:21)