Miranda Warnings for Non-Suspect
with William Bedsworth, Justice of the Court of Appeal, State of California
Miranda usually involves suspects. But officers are well-advised to sometimes
Mirandize someone even if they have no intention of prosecuting them. This
case is a good example, where INS agents investigating alien smuggling
interviewed one of the “smugglees,” in trying to make a case against their
suspect—but later they found the smugglee had committed a crime. They
could not use the smugglee's statement against him because of the failure to
Mirandize. Justice Bedsworth explains the simple test to be applied in
determining whether to Mirandize a non-suspect. Case cited: United States v.
Lin Chen (2006 DJDAR 2522)(3/2/06). (6:43)

The Emergency Doctrine: No On-Scene Verification Needed
with Jeff Rubin, Alameda County District Attorney's Office
The emergency doctrine permits the entry into a home without a warrant
when officers have reasonable grounds to believe that there is an emergency
at hand and an immediate need for their assistance for the protection of life
or property. If those grounds exist, it is not necessary officers gain
additional verification of the emergency at the scene. Case cited: United
States v. Russell (9th Cir. 2006) 436 F.3d 1086. (12:54)

Vehicle Search: Probable Cause to Believe Car Contains Contraband
with Daniel McNerney, Superior Court Judge, State of California
Mere attempts to conceal an object from police does not establish probable
cause to believe the vehicle contains contraband. Cases cited: California v.
Acevedo (1991) 500 U.S. 565; In re Arturo D. (2002) 27 C4 60; People v.
King (2006) – Unpublished. (7:21)

State-Created Danger Doctrine
with Jeff Rubin, Alameda County District Attorney's Office
Discusses the state-created danger doctrine (which allows officers to be sued
when they affirmatively place a person in a position of known or obvious
danger and do so with deliberate indifference) in light of a recent case
involving the failure of an officer to give adequate notice to a witness before
revealing the witness’ identity to a dangerous suspect even though the
witness had asked to be notified ahead of time. Case cited: Kennedy v. City of
Ridgefield (9th Cir. 2006) 439 F.3d 1055. (12:54)

Probable Cause for Warrants: Common Sense!
with William Bedsworth, Justice of the Court of Appeal, State of California
While this case happens to be a child pornography case, Justice Bedsworth
uses it to demonstrate how much easier it is to support a search behind a
warrant than a search without one. Provides a description of the “probable
cause” test for search warrants that is easy to remember and encouraging for
any officer tasked with obtaining a search warrant. Case cited: United States
v. Gourde (06 DJDAR 2886)(3/9/06). (8:14)

Consent Searches When Co-Occupants Disagree
with Jeff Rubin, Alameda County District Attorney's Office
A warrantless search of a shared dwelling for evidence over the express
refusal of consent by a physically present occupant cannot be justified as
reasonable as to the nonconsenting occupant on the basis of consent given to
the police by a different occupant. Cases cited: Georgia v. Randolph (2006)
126 S.Ct. 1515; United States v. Matlock (1974) 415 U.S. 164. (11:09)