Pushing the Miranda Envelope
with William Bedsworth, Justice of the Court of Appeal, State of California
When Jerome Alvin Anderson was interrogated, he invoked Miranda three
times. He said “I don’t wanna talk about this,””I plead the Fifth,” and “I’m
through with this; I wanna be taken into custody.” Yet his interrogation
continued and his statements were admitted against him. Justice Bedsworth
explains why these were held to be “ambiguous” and why it is unlikely to
happen very often. Case cited: Anderson v. Terhune (2006) DJDAR 14798
(11/9/06). (9:57)

Impounding Cars Without Community Caretaking Purpose
with Jeff Rubin, Alameda County District Attorney's Office
Just because a statute permits impoundment (i.e., when a driver is arrested)
does not mean the impoundment will be deemed constitutional. The
impoundment must meet some “community caretaking purpose” such as
aiding public safety or the free flow of traffic. Cases/Statutes cited: People v.
Williams (2006) 145 Cal.App.4th 756; Miranda v. City of Cornelius (9th
Cir.2005) 429 F.3d 858; South Dakota v. Opperman (1976) 428 U.S. 364;
Veh. Code § 22651(h)(1). (8:04)

Detentions: Reasonable Suspicion of Gang Activity
with Daniel McNerney, Superior Court Judge, State of California
Discusses the various issues an officer must attempt to balance when
detaining a suspected gang member, including: officer safety; duty to
investigate crime; Fourth Amendment. Cases cited: In re Stephen L. (1984)
162 CA3 257; People v. Hester (2004) 119 CA3 376; U.S. v. Mendez (2006)
DAR 14393. (9:25)

Pat Search Not Permitted Simply to Obtain ID
with Jeff Rubin, Alameda County District Attorney's Office
Police may not conduct a pat down search for identification of a suspect
detained for a traffic offense, notwithstanding the fact the suspect denies
having identification, where there is no concern that the suspect is armed and
dangerous. Cases cited: People v. Garcia (2006) 145 Cal.App.4th 782; People
v. Long (1987) 189 Cal.App.3d 77; People v. Loudermilk (1987) 195
Cal.App.3d 996. (7:31)

Stop for No Rear Plate
with William Bedsworth, Justice of the Court of Appeal, State of California
At 1:00 a.m., Raymond C. drove his new black Acura past a Fullerton Police
patrol car. The officer noted Raymond’s car had nothing on the back license
plate space: no plate, no paper dealer advertisement, nothing. He stopped
Raymond and as soon as he approached him, smelled alcohol. Raymond was
convicted of violating §32152(a). It turned out Raymond’s car was legally
registered and his temporary tag was properly displayed in the front driver’s
side windshield. Despite this, the court upheld the stop. Justice Bedsworth
explains why. Case cited: People v. Raymond C. (2006) Opinion. (8:08)

Stops Based on Requests from Other Officers
with Jeff Rubin, Alameda County District Attorney's Office
An officer may detain, arrest, or search a suspect, without any knowledge of
the reasons for the detention, arrest, or search, if the detention or arrest is
done at the request or command of another officer who does know the
reasons. Case cited: United States v. Ramirez (9th Cir. 2007) 473 F.3d
1026. (7:53)