Search and Seizure: Workplace Privacy
with Daniel McNerney, Superior Court Judge, State of California
Although employees may have a reasonable expectation of privacy from
government intrusion in the workplace, employers retain joint control over
such areas and may consent to a search. Cases cited: Mancusi v. DeForte
(1968) 392 U.S. 364; U.S. v. Ziegler (2007) DAR 1345; Ortega v. Oregon
(1987) 480 U.S. 709. (7:07)

Detention Based on Anonymous Tip of "Shots Fired"
with Jeff Rubin, Alameda County District Attorney's Office
An anonymous but recorded 911 call stating shots were fired provided
grounds for detaining a suspect where the suspect matching the physical
description was found in the area five minutes later, the suspect appeared to
be holding a heavy object at his waistline, and the caller appeared to have
firsthand knowledge of the crime even though she declined to be contacted
and only heard-- but did not see-- suspect fire or hold gun. Cases cited:
People v. Lindsay (2007) 145 Cal.App.4th 1390; People v. Dolly (2007) 40
Cal.4th 458; Florida v. J.L. (2000) 529 U.S. 266. (13:55)

Search of Closed Container in Trunk
with William Bedsworth, Justice of the Court of Appeal, State of California
As a general rule, probable cause to search a car includes every area of the
car where the item searched for could be found. But consent searches are
always subject to limitation-- the person giving consent can limit it any way
he/she sees fit. This is an unusual case in which the court held that the police
officers limited the scope of the search by asking the subject if he minded if
police made a “real quick check” of the car. Case cited: People v. Cantor
(2007) 149 CA 4th 961. (5:50)

Car Chases and the Fourth Amendment
with Jeff Rubin, Alameda County District Attorney's Office
A peace officer can, consistent with the Fourth Amendment, take actions such
as applying a push bumper to the rear of the fleeing car, in attempting to
terminate a dangerous high-speed car chase that threatens the lives of
innocent bystanders even if the police actions place the fleeing motorist at
risk of serious bodily injury or death. Case cited: Scott v. Harris (2007) 127
S.Ct. 1769. (11:58)

Search and Seizure: Forced Taking of Fingerprints
with Daniel McNerney, Superior Court Judge, State of California
Officers may force a suspect to submit to fingerprint exemplars based on
reasonable suspicion, provided the means for taking the exemplars does not
“shock the conscience.” Cases cited: Schmerber v. California (1966) 384 U.S.
757; Davis v. Mississippi (1969) 394 U.S. 721; Hayes v. Florida (1985) 470
U.S. 811; People v. Williams (1969) 71 C2d 614; Rochin v. California (1952)
342 U.S. 165; People v. Parham (1963) 60 C2d 378; People v. Sanders
(1969) 268 CA 2d 802; People v. Herndon (2007) 149 CA4 274. (8:49)

Discharging Firearm Into Jointly Owned Car
with Jeff Rubin, Alameda County District Attorney's Office
Discharging a firearm into an unoccupied vehicle violates Penal Code section
247(b) if the vehicle is jointly owned and the person discharging the firearm
does not have permission to do so from all owners of the vehicle. Case/
statute cited: People v. Shadden (2007) DJDAR 5670; Pen. Code, § 247(b). (2:44)