Free Speech on Campus
with William Bedsworth, Justice of the Court of Appeal, State of California
Jonathan O’Toole and his group wanted to protest at Mesa College in San
Diego (a public community college). When campus police told them they
needed a permit, O’Toole insisted they were wrong, cited statutes that
established his right to speak on campus, and refused to leave. He was
arrested, but charges were never filed– largely because he was right. Justice
Bedsworth explains the rules on campus free speech, the California Bane Act,
and the rules applying to officers under these circumstances. Case cited:
O’Toole v. Superior Court of San Diego County (2006 DJDAR 7414)(June 15,
2006). (7:03)

New Rules on Admission or Hearsay
with Jeff Rubin, Alameda County District Attorney's Office
Explains when police can expect that statements made to law enforcement
during 911 calls or when police first make contact with witnesses to a crime
will be admissible in court when the person who made the statement is not
available to testify. Cases cited: Davis v. Washington (2006) 126 S.Ct. 2266;
Crawford v. Washington (2004) 541 U.S. 36. (10:51)

Knock-Notice: Failure to Comply Does Not Require Suppression
with Daniel McNerney, Superior Court Judge, State of California
Although “Knock-Notice” is founded in the 4th Amendment prohibition
against unreasonable search and seizure, the U.S. Supreme Court in this case
holds that failure to comply with knock-notice does not require suppression
of evidence seized pursuant to a lawful search warrant. Case cited: Hudson v.
Michigan (2006) DAR 7469. (7:00)

Advising Foreign Nationals of Rights
with Jeff Rubin, Alameda County District Attorney's Office
The failure of law enforcement to inform foreign nationals of their right
(under the Vienna Convention) to have their consulate notified of their arrest
or detention does not require the suppression of statements made by foreign
nationals to the police. Failure to provide this information to a foreign
national may, however, play a role in assessing whether a statement made
to the police is voluntary. Case cited: Sanchez-Llamas v. Oregon (2006) 126
S.Ct. 2669. (5:14)

Stops for Missing Front Plate
with William Bedsworth, Justice of the Court of Appeal, State of California
Justice Bedsworth discusses a case in which the California Supreme Court
upheld a stop for missing front plate. The case has some interesting twists,
however, and Justice Bedsworth also discusses whether you can make a stop
for this or for expired registration tags where the vehicle is properly
displaying what appears to be a current temporary operating permit.
Case cited: People v. Saunders (June 29, 2006). (8:51)

Detentions for Crossing Outside the Crosswalk
with Jeff Rubin, Alameda County District Attorney's Office
Police may only stop pedestrians for crossing outside the crosswalk where
either the road being crossed is between adjacent intersections controlled by
traffic control signal devices or by police officers, or the pedestrian fails to
yield the right-of-way to vehicles on the road which are near enough to
constitute an immediate hazard. Case/statutes cited: People v. Ramirez
(2006) 140 Cal.App.4th 837; Vehicle Code §§ 21954, 21955. (5:39)