Search Warrants: Excessive Force in Executing
with William Bedsworth, Justice of the Court of Appeal, State of California
One of the least-discussed aspects of serving a search warrant is the use of
excessive force and the unnecessary destruction of property. An otherwise
perfectly valid warrant can be thrown out if a court determines excessive
force was used or property was unnecessarily destroyed. Justice Bedsworth
uses the Ankeny case as model for analyzing the propriety of police action.
Case cited: United States v. Ankeny (2007) Daily Journal DAR 8998 (6/20/07). (9:03)

Use of Ruse to Seize Vehicle
with Jeff Rubin, Alameda County District Attorney's Office
Police may engage in some use of stealth and deceit in seizing property so
long as such use is reasonable, i.e., when the government’s justification for
engaging in the ruse outweighs the intrusion on the suspect’s interests.
Discusses a case upholding an elaborate ruse to seize a car where the police
had the right to seize the property but needed to prevent the delivery of
drugs while simultaneously concealing an ongoing investigation. Case cited:
United States v. Alverez-Tejada (9th Cir. 2007) 2007 WL 1651268. (9:47)

Search & Seizure: Abandoned Property
with Daniel McNerney, Superior Court Judge, State of California
The mere fact that a person uses a false name and/or address is not
sufficient to establish abandonment of property. Case cited: People v.
Pereira (2007) 150 CA4 1106. (8:25)

License Check Is Not a Search
with Jeff Rubin, Alameda County District Attorney's Office
A license plate check does not constitute a Fourth Amendment search.
Therefore, an officer does not need any reasonable suspicion to run a license
plate check. Case cited: United States v. Diaz-Castaneda 2007 WL 2044244. (5:46)

Traffic Stops: Ordering Out and Inventory
with William Bedsworth, Justice of the Court of Appeal, State of California
In Hoyos, police stopped a car for a broken license plate light. When neither
the driver nor his passenger had a license, they knew they had to impound
the car and began to inventory it. When they found a 9mm magazine with
12 rounds in it-- and a loaded 9mm pistol in the car-- they intensified their
search and found 28 lbs. of marijuana in the trunk. Long story short: Their
broken light violation turned up the murderers of a local drug dealer and his
wife. Justice Bedsworth discusses the search and seizure aspects of the case.
Case cited: People v. Hoyos (2007) Daily Journal DAR 11132 (7/24/07).
(5:45)

Temporary Delay of Packages in Transit
with Jeff Rubin, Alameda County District Attorney's Office
No seizure implicating the Fourth Amendment occurs if a package in transit is
detained in a manner that does not significantly interfere with its timely
delivery in the normal course of business. Thus, a 10-minute delay of a
FedEx package en route, during which a drug-sniffing dog alerted to its
contents, did not need to be justified by reasonable suspicion. Case cited:
United States v. Hoang (9th Cir. 2007) 486 F.3d 1156. (7:14)