Can We Search This Computer?
with William Bedsworth, Justice of the Court of Appeal, State of California
In Adjani, police with a warrant for Adjani’s home that included computers,
found two computers: Adjani’s, and one that they were told was Reinhold’s.
They seized both. Was that legal? Did they need a new warrant to search
Reinhold’s computer? Justice Bedsworth’s answers may surprise you. Case
cited: United States v. Adjani (9th Circuit 2006) 452 F3d 1140. (6:13)

Forcible Entry Pursuant to Arrest Warrant
with Jeff Rubin, Alameda County District Attorney’s Office
To forcibly enter a home to serve an arrest warrant, an officer must have
probable cause to believe the person named in the warrant resides at the
home and is presently inside the home. Circumstantial evidence of the
person’s presence can provide such probable cause where the officers do not
actually see or hear the person inside the house. Case cited: United States v.
Diaz (9th Cir. 2007) 491 F.3d 1074. (9:07)

Miranda: Custodial Interrogation
with Daniel McNerney, Superior Court Judge, State of California
Interviewing suspects at a police station is likely to be viewed as “custodial”
unless the suspect has voluntarily agreed to come to the station for the
interview, and the officer makes clear that the suspect is not under arrest,
does not have to answer questions, and can leave at anytime. Case cited:
People v. Leonard (2007) 40 C4th 1370. (9:01)

Detentions for Past Misdemeanors or Infractions
with Jeff Rubin, Alameda County District Attorney’s Office
In assessing the reasonableness of a stop to investigate a past misdemeanor
or other infraction, courts must look at the potential risk to public safety
posed by the offense. Thus, it was unreasonable for an officer to make a
traffic stop of a person on suspicion of previously having played his music
too loudly, especially where the officers did not pursue alternative means of
identifying the suspect short of detaining suspect. Case cited: United States v.
Grigg 2007 WL 2379615. (12:08)

Free Speech: How to Lose Your Job
with William Bedsworth, Justice of the Court of Appeal, State of California
Ronald Dible lost his job with the Chandler (AZ) Police Department because
he maintained a sexually explicit website featuring both him and his wife. He
complained this violated his civil rights, including his First Amendment rights
to speech, freedom of association and privacy. Justice Bedsworth explains
why he lost and what standards govern off-duty speech by officers. Case
cited: Dible v. City of Chandler (2007 Daily Journal) DAR 13692, September
6, 2007. (7:48)

Talking to Suspect Before/After Charging
with Jeff Rubin, Alameda County District Attorney’s Office
Discusses the rules about interviewing a suspect who has retained counsel
before he/she has been charged with the crime that is the subject of the
interview and contrasts those rules with the rules that apply after the suspect
has been charged with the crime that is the subject of the interview. Cases
cited: People v DePriest (2007) 42 Cal.4th 1; United States v. Harrison (9th
Cir. 2000) 213 F.3d 1206. (8:29)