Robbery: Do You Know It When You See It? with William Bedsworth, Justice of the Court of Appeal, State of California This case involves an unusual robbery. Justice Bedsworth uses it to review the basic requirements for a robbery and explains that some scenarios you might not recognize as a 211 can qualify. Case cited: People v. Carrasco (2006) 137 Cal. App. 4th 1050. (7:21)
Interviewing Cuffed Suspect? Miranda Warnings Usually Necessary with Jeff Rubin, Alameda County District Attorney's Office If a suspect is kept handcuffed during a police interview, the suspect will usually be deemed to be in custody for Miranda purposes unless the suspect is told he/she is not under arrest and that the cuffing is only temporary and done for safety purposes. However, for Fourth Amendment purposes, cuffing a suspect does not necessarily convert a detention into a de facto arrest requiring probable cause. Cases cited: People v. Pilster (2006) 138 Cal.App.4th 1395; People v. Celis (2004) 33 Cal.4th 667. (9:51)
Vehicle Search: Rental Cars with Daniel McNerney, Superior Court Judge, State of California The fact that a person is prohibited by the Rental Agreement from operating a vehicle does not necessarily mean he has no reasonable expectation of privacy in that vehicle. Cases cited: U.S. v. Jones (1960) 362 U.S. 257; U.S. v. Thomas (2006) DAR 6029. (9:10)
Exigent Circumstances Entries: Subjective Intent Irrelevant with Jeff Rubin, Alameda County District Attorney's Office Officers may enter a home without a warrant when they have an objectively reasonable basis for believing an occupant is seriously injured or imminently threatened with injury regardless of the subjective motivation of the officers making entry. Case cited: Brigham City, Utah v. Stuart (2006) 126 S.Ct. 1943. (7:23)
Duty to Report Crimes with William Bedsworth, Justice of the Court of Appeal, State of California Bryan Pinto was terminated from his job with the Visalia Police Department for failing to report his knowledge of a sexual relationship between a minor and an adult and for a lie he told during the investigation of this failure to report. Eventually his termination was vacated, but it took years, money, and much suffering. Justice Bedsworth discusses the laws that applied to Officer Pinto’s situation and how they affect other peace officers. Case and statute cited: Pinto v. City of Visalia (2006) 43 Cal. Rptr. 3d 613; Penal Code §11166. (10:53)
Exigent Circumstances Entries: To Arrest DUI Suspects with Jeff Rubin, Alameda County District Attorney's Office Police may, in certain circumstances, make a warrantless entry into the home of a suspect they have probable cause to believe was recently DUI in order to arrest the suspect and prevent the dissipation of blood-alcohol evidence under the exigent circumstance exception. Cases cited: People v. Thompson (2006) 43 Cal.Rptr.3d 750. (12:05)
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