Detentions: Timing Can Be Critical
with William Bedsworth, Justice of the Court of Appeal, State of California
Sometimes the key to a good detention isn’t the description of the suspect or
their car or what they are wearing, but when they are encountered. Justice
Bedsworth discusses cases in which what could have been an illegal detention
was changed into a legal one by considering the time at which the suspects
were encountered. Cases cited: People v. Anthony (1970) 7 Cal App 3d 751;
People v. Conway (1994) 25 Cal App 4th 385; People v. Lloyd (1992) 4 Cal
App 4th 724. (6:15)

Definition of "Firearm" Under PC § 12021
with Jeff Rubin, Alameda County District Attorney's Office
It is not necessary that a felon possess the frame or receiver of a firearm to
be found in violation of Penal Code section 12021, although possession of
either would be sufficient to violate that statute. Case/statute cited: People v.
Arnold (2006) 145 Cal.App.4th 1408; Pen. Code §§ 12021, 12001. (9:58)

Miranda: Questioning An Injured Suspect
with Daniel McNerney, Superior Court Judge, State of California
Courts will carefully evaluate the circumstances surrounding the interrogation
of an injured suspect to determine whether his/her statements are voluntary.
Cases cited: People v. Breaux (1992) 1 C4 281; People v. Barker (1986)
182 CA3d 921; Campaneria v. Reid (1989) 891 F2d 1014; Beecher v.
Alabama (1972) 408 U.S. 237; People v. McPherson (1970) 2 C3d 109;
Mincey v. Arizona (1978) 437 U.S. 385; People v. Perdomo (2007) 147 CA4
605. (7:11)

When Lies to Police Make Someone an Accessory
with Jeff Rubin, Alameda County District Attorney's Office
Passive failure to reveal a crime to police, refusal to give information, or
denial of knowledge motivated by self-interest does not make someone an
accessory in violation of PC Section 32. However, affirmatively
misrepresenting facts concerning a felony, with knowledge the principal
committed the crime and with the intent that the principal avoid or escape
from arrest, trial, conviction, or punishment does make a person an
accessory. Covers cases discussing when lying to police can make someone
an accessory to a felony. Cases/Statute cited: People v. Plengsangtip (2007)
2007 DJDAR 3702; In re I.M. (2005) 125 Cal.App.4th 1195; Pen. Code §
32. (10:13)

How Not to Prepare a Search Warrant
with William Bedsworth, Justice of the Court of Appeal, State of California
The Luong case is a perfect example of what is not probable cause and may be
the worst attempt at a probable cause affidavit Justice Bedsworth has seen in
35 years in the law. Justice Bedsworth uses this case as a review of search
warrant preparation. Case cited: United States v. Luong (2006 DJDAR
16115) (December 13, 2006). (7:45)

"Medical Marijuana" Claims and Vehicle Searches
with Jeff Rubin, Alameda County District Attorney's Office
The fact that an occupant of a vehicle has a doctor’s recommendation allowing
him to lawfully possess “medical” marijuana does not mean an officer who
smells marijuana coming from the vehicle cannot search the vehicle for
additional marijuana. Cases/statutes cited: People v. Strasburg (2007) DJDAR
3798; Health & Saf. Code, §§ 11362.5, 11362.7 et seq. (12:52)