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Interrogations: Putting the Constitution Back in the Tube
with Daniel McNerney, Superior Court Judge, Orange County, CA
There are no “do-overs” for interrogating. Once constitutional violations have
occurred, police may not go back and correct the violations with new
advisements and waivers. Case cited: Moore v. Czerniak (2009) DAR 11081.
(8:11)
Frisks for Burglary Tools and More
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
It is reasonable to conduct a pat search of a person who has been detained
on suspicion of auto burglary or auto theft because it is reasonable such a
person might be armed with weapons or tools such as knives and
screwdrivers that could be used as weapons. Officers may conduct a search of
the passenger compartment of a vehicle incident to the arrest of a suspect for
being an ex-felon in possession of a firearm based on reasonable suspicion
evidence of that crime will be found in the vehicle. Cases cited: People v.
Osborne (2009) 175 Cal.App.4th 1052; Arizona v. Gant (2009) 129 S.Ct.
1710. (16:08)
Checking Mail at Private Mail Facilities
with William W. Bedsworth, Appellate Court Justice, State of California
In this case, police found out Reyes (a kidnapping suspect) collected his mail
at a private mail facility. They went there and asked the manager if Reyes
had a box there. The manager responded by pulling three letters out of a
box and showing them to the police. One was a phone bill from AT&T. Using
that information, police obtained a warrant for Reyes’ phone records, which
connected him to the kidnapping and led to his conviction and life sentence.
Justice Bedsworth explains why Reyes had no reasonable expectation of
privacy in the outside of his letters and why the mail facility manager could
show them to police. Case cited: People vs. Reyes (2009 DJDAR 15589).
(7:08).
Detentions of Occupants During Probation/Parole Searches
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Just as officers executing a search warrant have the authority to detain the
occupants of the premises while a proper search is conducted regardless of
whether or not the occupants appear dangerous, so do officers conducting
probation and parole searches. Cases cited: Sanchez v. Canales (9th Cir.
2009) 574 F.3d 1169; Muehler v. Mena (2005) 544 U.S. 93. (4:43)
Search Warrants: Staleness
with Daniel McNerney, Superior Court Judge, Orange County, CA
Affidavits containing information more than four weeks old will be unlikely
to establish probable cause to issue a search warrant. Case cited: People v.
Hirata (2009) 175 CA4 1499. (7:16)
Stun Gun Assault Doesn't Require Victim Be Immobilized
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
To prove someone violated the statute prohibiting assault with a stun gun
(Pen. Code, § 244.5(b)), it is not necessary to show the victim was
temporarily immobilized as long as it can be shown the weapon used was
capable of temporarily immobilizing a person by the infliction of an electrical
charge. Cases/statutes cited: In re Brandon O. (2009) 174 Cal.App.4th 637;
Pen. Code § 244.5(b). (9:44)
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