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Case Law Today Series - 2006

July 2006 Edition - Case Law Today  
 

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)

Date Produced: July 2006
CPT Hours/Credits: 0
Length: Approx. 1 Hour
Reference Guide: No
 
   
 
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