Detentions: Questioning Detainees

About Other Matters
with Daniel McNerney, Superior Court Judge, State of California
The Federal 9th Circuit Court of Appeal has reversed its previous decision in
U.S. v. Mendez and now holds that police may lawfully question a detainee
about matters unrelated to the purpose of the detention, so long as such
questioning does not prolong the detention. Cases cited: U.S. v. Mendez
(2006) 476 F3d 1162; Illinois v. Caballes (2005) 543 U.S. 405; Muehler v.
Mena (2005) 544 U.S. 93; U.S. v. Mendez (2007) 476 F3d 1077. (7:26)

Knock and Talks Based on Anonymous Tips
with Jeff Rubin, Alameda County District Attorney's Office
Police may contact a homeowner and seek consent to enter and search the
residence (conduct a knock and talk) without having reasonable suspicion of
criminal activity. Thus, whether police were prompted to make the contact
based on a corroborated or uncorroborated anonymous tip is irrelevant.
Case/statute cited: People v. Rivera (2007) 59 Cal.Rptr.3d 473. (2:54)

“Excuse Me, May I Speak To You?”
with William Bedsworth, Justice of the Court of Appeal, State of California
An off-duty peace officer acting as mall security received a tip that a white
male wearing a tank-top and covered with tattoos was observed putting a
handgun in his boot before he entered the mall. Acting on this tip, the officer
approached a suspect and asked, “Excuse me, may I speak to you?”
Receiving a positive response, he asked the man if he had a handgun. When
the man said he did, the officer lifted his shirt where it was bulging and
retrieved a 9mm Glock. Justice Bedsworth explains why this was a legal
contact. Case cited: United States v. Orman (2007 DJDAR 7195, 5/23/07).
(6:54)

When Relying On Citizen-Witness For PC Is Risky
with Jeff Rubin, Alameda County District Attorney's Office
Although information from a victim or chance witness is usually considered
sufficiently reliable to provide probable cause for an arrest by itself, this is
not always true when the police are aware of circumstances casting doubt on
the information provided. This video discusses a case involving a successful
suit against officers who arrested a sexual assault suspect where the victim’s
allegations were not very specific and had internal inconsistencies, the victim
had a bias, and monitored contacts between the suspect and the victim
suggested the suspect was not guilty. Case/statute cited: Gillan v. City of San
Marino (2007) 147 Cal.App.4th 1033; Civ. Code, § 52.1. (10:51)

Search & Seizure:
Undercover Investigations of First Amendment Organizations
with Daniel McNerney, Superior Court Judge, State of California
Police do not need reasonable suspicion of criminal activity in order to
conduct an undercover investigation of First Amendment organizations.
Cases cited: Zurcher v. Stanford Daily (1978) 436 U.S. 547; U.S. v. Mayer
(2007) DAR 8313. (7:47)

Danger In Serving Warrant Justifies Nude Detention
with Jeff Rubin, Alameda County District Attorney's Office
Officers serving a warrant may take reasonable safety measures. If a
suspect might possibly be armed, ordering the occupants (clothed or
unclothed) out of bed at gunpoint is not unreasonable. The fact the persons
detained are of a different race than the persons named in the warrant does
not alter this principle. Cases cited: Los Angeles County v. Rettele (2007)
127 S.Ct. 1989; Muehler v. Mena (2005) 544 U.S. 93. (8:19)