Knock-Notice: Non-Search Warrant Cases
with Daniel McNerney, Superior Court Judge, State of California
Knock-Notice is required in some non-search warrant cases, such as parole or
probation searches. But recent U.S. Supreme Court authority does not require
suppression of evidence for non-compliance with Knock-Notice. Cases cited:
Hudson v. Michigan (2006) 126 S. Ct. 2159; In re Frank S. (2006) 142 CA4
145. (7:48)

Exigent Circumstance Entry After 911 DV Call
with Jeff Rubin, Alameda County District Attorney's Office
Officers properly entered suspect’s apartment without warrant where victim
called 911 to say she had been beaten by suspect and asked to meet officers
outside the apartment so they could accompany her inside to retrieve items.
But when officers arrived on scene, victim was nowhere to be found. Case
cited: United States v. Black (9th Cir. 2006) 466 F.3d 1143. (5:05)

Chasing a DUI Into the House
with William Bedsworth, Justice of the Court of Appeal, State of California
In 1984, the US Supreme Court ruled that Wisconsin police violated the
Fourth Amendment when they entered a private home, without a warrant
and without consent, to arrest a DUI suspect. Twenty years later, Santa
Barbara police entered the home of Daniel Thompson to arrest him for DUI –
again, without a warrant and without consent. But the California Supreme
Court approved the search and upheld Thompson’s conviction. Why? Justice
Bedsworth explains the rules pertaining to entering a house to affect a DUI
arrest. Cases cited: Welsh v. Wisconsin (1984) 466 US 740; People v.
Thompson (2006) DJDAR 6776. (7:35)

When Opening Screen Door is a "Search"
with Jeff Rubin, Alameda County District Attorney's Office
Opening a screen door without a warrant can constitute an entry for Fourth
Amendment purposes when there is no closed solid door behind the screen
door. However, in the case discussed in this video furtive movements by the
occupant suggesting an imminent attack on officers knocking at the door
provided exigent circumstances allowing the police to open the screen door.
Case cited: United States v. Arellano-Ochoa (9th Cir. 2006) 461 F.3d 1142. (8:02)

Consent and Threatening Warrants
with Daniel McNerney, Superior Court Judge, State of California
This segment discusses the factors that the court will consider in determining
whether consent is given voluntarily, including threats by an officer to get a
search warrant. Case cited: U.S. v. Rodriquez (2006) DAR 13453. (9:02)

Exigent Circumstance Entry After 911 Burglary Call
with Jeff Rubin, Alameda County District Attorney's Office
Forcible warrantless police entry into home to investigate neighbor’s calls of
burglary was improper where information police had was that so-called
burglar was ex-wife of resident, there was no sign of forced entry, police
knew from neighbor’s second call he had seen ex-wife allow another person
knocking on door to enter, police did not bother to check on alleged
restraining order barring ex-wife from property entry, and police took 40
minutes to arrive in response to follow-up call of burglary. Case cited: Frunz
v. City of Tacoma (9th Cir. 2006) 468 F.3d 1141. (12:24)