Knock-Notice: Exigent Circumstances
with Daniel McNerney, Superior Court Judge, State of California
Police activity outside a premises that is reasonably likely to put occupants on
notice of their presence may establish exigent circumstances to justify
dispensing with knock-notice. Case cited: People v. Murphy (2005) 37 C4
490. (7:21)

"Verbal" Acts in Furtherance of Prostitution
with Jeff Rubin, Alameda County District Attorney's Office
In order for there to be a violation of Penal Code section 647(b) for agreeing
to engage in an act of prostitution, there must be an act in furtherance of the
commission of the act of prostitution in addition to the agreement. The act in
furtherance, however, can be a verbal act such as telling an undercover
officer to undress. Cases/Statute cited: Kim v. Superior Court (2006) 136
Cal.App.4th 937; In re Cheri T. (1999) 70 Cal.App.4th 1400; Pen. Code §
647(b). (4:48)

Suspcious Conduct Traffic Stops
with William Bedsworth, Justice of the Court of Appeal, State of California
In Whren, the United States Supreme Court held that if an officer has
articulable suspicious circumstances in support of a vehicle stop, the fact he/
she was more interested in some other facet of law enforcement than he/she
was in issuing a citation is irrelevant. In Willis, this rule was applied to a
factual situation all patrol officers will identify with. Case cited: United States
of America v. Willis (2005) DJDAR 14563. (8:43)

Arming Clauses and "Continuing" Crimes
with Jeff Rubin, Alameda County District Attorney's Office
Discusses cases laying out the rules for determining when a suspect who is
engaged in a “continuing crime” such as drug possession or manufacture can
be considered “armed” for purposes of the arming enhancements. Cases/
Statutes cited: People v. Bland (1995) 10 Cal.4th 991; People v. Delgadillo
(2005) 132 Cal.App.4th 1570; People v. Bradford (1995) 38 Cal.App.4th
1733; Pen. Code §§ 12022(a)&(c). (11:42)

Miranda: "Midstream" Miranda Warnings
with Daniel McNerney, Superior Court Judge, State of California
Deliberate use of a two-step interview process in which a suspect is
interviewed, then given Miranda, then re-interviewed, will result in the
suppression of both statements. Cases cited: Oregon v. Elstad (1985) 470
U.S. 298; Missouri v. Seibert (2004) 542 U.S. 600; U.S. v. Williams (2006)
DAR 1239. (8:31)

Providing False ID Before Booking Violates PC 148
with Jeff Rubin, Alameda County District Attorney's Office
A suspect who gives a false name to police after arrest, even before he or she
is booked, can be charged not only with violating Penal Code section 148.9
but also with violating Penal Code section 148 under the theory the person is
“obstructing” an officer in the discharge of his or her duties. Case/Statutes
cited: People v.Christopher 2006 WL 531269; Pen. Code §§ 148 and 148.9. (4:15)