DUI Stops Based on Anonymous Tips with William Bedsworth, Justice of the Court of Appeal, State of California In a very important decision, the California Supreme Court has upheld a vehicle stop based upon an anonymous tip. Justice Bedsworth explains the application and ramification of the case. Cases cited: People v. Wells (2006) DJDAR 8181; Florida v. J.L. (2000) 529 U.S. 266. (8:43)
Assault: Is Pointing A Firearm Enough? with Jeff Rubin, Alameda County District Attorney's Office When a suspect points a loaded firearm in the direction of where he anticipates a pursuing officer will appear, but the officer comes up behind the suspect instead, there is insufficient evidence to establish an assault on a peace officer. However, that same evidence can support an attempted murder of a peace officer charge. This video discusses cases that define what will or will not constitute an assault with a firearm. Cases/statutes cited: People v. Chance (2006) 141 Cal.App.4th 618; People v. Raviart (2001) 93 Cal.App.4th 258; Pen. Code § 245(d)(1). (18:03)
Search and Seizure: Computer Searches with Daniel McNerney, Superior Court Judge, State of California When police anticipate that computers and their storage media may need to be taken to a different location to be searched due to technical or logistical issues, they should include that information in the search warrant affidavit. Cases cited: U.S. v. Hill (2006) DJDAR 10632; U.S. v. Hay (2000) 231 F3d 630. (7:23)
Patdowns: When Not Okay with Jeff Rubin, Alameda County District Attorney's Office An officer’s belief that persons being questioned about a crime can sometimes become confrontational is not enough by itself to justify a patsearch where no other facts exist indicating the suspect is armed or dangerous. Case cited: United States v. Flatter (9th Cir. 2006) 456 F.3d 1154. (5:44)
Flight From Police Vehicle: CVC §2800 with William Bedsworth, Justice of the Court of Appeal, State of California So you hit your red lights and siren and instead of stopping, your suspect rabbits. You chase him for miles and plan to charge him with violation of CVC §2800.1 – attempting to elude a peace officer. But do you have a case? Justice Bedsworth explains you have to be more distinctive than a red light and siren and he explains the Supreme Court’s Hudson decision which makes it all…well…something less than crystal clear. Case cited: People v. Hudson (2006) DJDAR 76080 (June 20, 2006). (6:53)
Answering Phone Calls After Consensual Entry with Jeff Rubin, Alameda County District Attorney's Office Officers can enter a home based on the consent of a guest in a home when the guest answers the door, the occupant is absent, and entry is just into an area where a visitor would normally be received. Such consent would not usually give officers the right to answer incoming phone calls, but they may do so if they are trying to track down a suspect who just committed a crime and there is probable cause to believe the caller is the suspect. Case cited: People v. Ledesma (2006) 39 Cal.4th 641. (7:29)
Date Produced: November 2006
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