Shackling of Prisoners
with Daniel McNerney, Superior Court Judge, State of California
In proceedings other than jury trials, the court must still make a
determination that shackling is appropriate in each individual case based on
the nature of the case and the history and behavior of the defendant. Cases
cited: People v. Harrington (1871) 42 Cal. 165; People v. Duran (1976) 42
C3d. 282; People v. Fierro (1991) 1 C4th 173; Tiffany A. v. Superior Court
(2007) 150 CA4th 1344; Solomon v. Superior Court (1977) 122 CA 3d 532;
People v. Prado (1977) 67 CA3d 267. (8:39)

PC to Arrest Prevents Civil Liability
with Jeff Rubin, Alameda County District Attorney’s Office
Describes a case illustrating the principle that where it is reasonable to
believe the accusations of a citizen witness that a suspect had committed a
crime, the officers will generally be immune from suit for making an arrest
based on that information. In the case discussed, the officer had probable
cause to arrest a teacher for sexual abuse of a 10-year-old student, where
officer used his experience and training in sexual abuse to evaluate the
student’s story and “tested” the veracity of student’s account through various
techniques. Case cited: John v. City of El Monte (9th Cir. 2007) 2007 WL
2781904. (11:14)

What Do We Know About the Victim?
with William Bedsworth, Justice of the Court of Appeal, State of California
Police investigating a crime focus on their suspect or arrestee. But they
should not ignore information about the victim. In this case, a California
murder conviction was reversed because the court did not allow presentation
by the defense of information about the victim. Justice Bedsworth discusses
the case and reminds police to learn as much as they can about all parties to
the crime. Case cited: Parle v. Runnels (07 Daily Journal 15559, October
13, 2007). (6:32)

PC to Arrest for Possessing Counterfeit Money
with Jeff Rubin, Alameda County District Attorney’s Office
City police officers lacked probable cause to arrest suspect for passing an
allegedly counterfeit bill where there was no evidence suspect had knowledge
bill was counterfeit or intended to defraud and there was evidence
undermining the existence of such knowledge and intent. Case cited: Rodis v.
City and County of San (9th Cir. 2007) 499 F.3d 1094. (9:37)

Border Searches: Letters Within Packages
with Daniel McNerney, Superior Court Judge, State of California
If a “border search” of a package is otherwise lawful, the search may include
review of written material and letters within the package, even if they are in
a sealed envelope. Case cited: U.S. v. Seljan (2007) DAR 12361. (8:20)

Forcing Suspect Objecting to Frisk Into Compliance
with Jeff Rubin, Alameda County District Attorney’s Office
An officer may not use pain-inflicting force to ensure a suspect submits to a
frisk based solely on the fact that suspect claims he is physically incapable of
complying with a request to place his arms behind his back where
alternatives methods of conducting a frisk exist that would not cause the
suspect pain. Case cited: Winterrowd v. Nelson (9th Cir. 2007) 480 F.3d
1181. (11:36)