Search & Seizure: Monitoring Inmate Phone Calls
with Daniel McNerney, Superior Court Judge, State of California
Custodial facilities that wish to monitor and record inmate phone calls must
give the inmate clear notice that the calls may be monitored. Case cited:
People v. Windham (2006) 145 CA4th 881. (8:04)

Terry Stops of Occupant of Residence
with Jeff Rubin, Alameda County District Attorney's Office
A suspect who voluntarily opens the door of his residence in response to a
non-coercive knock-and-talk may temporarily be seized by the police outside
the home (or at the threshold of the home), provided that the police have
reasonable suspicion of criminal activity. Cases cited: United States v. Crapser
(9th Cir. 2007) 472 F.3d 1141. (10:28)

Generalized “Special Needs” Searches
with William Bedsworth, Justice of the Court of Appeal, State of California
Have you ever wondered about the legality of airport searches when you get
on a plane or the metal detectors at the courthouse? They aren’t based on
probable cause, and they sure aren’t based on consent. So how are they
legal? Justice Bedsworth uses the MacWade case to explain not only how
these searches are justified, but how officers can justify such searches at bus
terminals, government buildings, or public landmarks if the officers are
seriously concerned about the possibility of a terrorist attack. Case cited:
MacWade v. Kelly (2006) WL 2328723. (7:25)

Definition of “Using” Minor Under HS § 11353(b)
with Jeff Rubin, Alameda County District Attorney's Office
Health and Safety Code section 11353(b), which makes it illegal for an adult
to hire, employ, or use a minor to unlawfully transport, carry, sell, give away,
prepare for sale, or peddle a controlled substance, applies to adults who
bring along a child while transporting drugs in order to divert suspicion and
avoid detection by law enforcement. Case/Statute cited: People v. Duarte
(2007) 2007 DJDAR 2571; Health & Saf. Code § 11353(b). (4:19)

Search Warrants: What Happens to the Affidavit?
with Daniel McNerney, Superior Court Judge, State of California
P.C. §1541 requires the court to keep the original of the search warrant
affidavit signed by the magistrate. Cases cited: People v. Galland (2007)
146 CA4th 277; People v. Hobbs (1994) 7 C4th 948. (8:03)

PC § 487’s “Taking From Person” Requirement Expanded
with Jeff Rubin, Alameda County District Attorney's Office
Grand theft occurs when a suspect, intending to steal, causes property to
become separated from the victim’s person (i.e., causes the item to fall from
the victim’s pocket) and then gains possession of the property-- even though
when the property was actually obtained by the suspect it was no longer on
the victim’s person. Cases/statute cited: In re Jesus O (2007) 2007 DJDAR
3179; In re Eduardo D. (2000) 81 Cal.App.4th 545; Pen. Code § 487(c). (8:35)