Photo Showups: The Basics
with William Bedsworth, Justice of the Court of Appeal, State of California
Justice Bedsworth uses the case of People v. Shabazz to explain the basic
requirements for putting together a photo array for a photographic showup.
Cases cited: People v. Shabazz (2004) 118 Cal. App. 4th 1458; People v.
Brandon (1995) 32 Cal. App. 4th 1033. (10:12)

Probable Cause Arrests: Objective Standard Rules
with Jeff Rubin, Alameda County District Attorney's Office
A warrantless arrest is lawful so long as there are objective facts supporting
probable cause to arrest for an offense. It is not necessary that the offense
for which the officer subjectively believed he was formally arresting the
suspect is the offense for which the known facts provided probable cause, nor
is it required that the offense for which was suspect was formally arrested be
“closely related” to the offense for which probable cause existed. Case cited:
Devenpeck v. Alford (2004) DJDAR 14750. (8:54)

Pat-Downs: Refusal May Lead to P.C. §148 Arrest
with Daniel McNerney, Superior Court Judge, State of California
Police may pat-down a detainee for weapons if they have reasonable
suspicion that he/she is armed and dangerous. A detainee who refuses or
resists a lawful pat-down is subject to arrest for P.C. §148. Case cited: People
v. Lopez (2004) 119 CA4 132. (6:14)

Hunch Doesn't Equal Reasonable Suspicion to Stop
with Jeff Rubin, Alameda County District Attorney's Office
Where police received information from a student that unknown Mexican
gang members were threatening to come by his apartment the next morning,
police did not have reasonable suspicion, four days later, to stop a car with
two Hispanic males just because they both looked in the general direction of
the student’s apartment complex as they drove past it. Case cited: People v.
Durazo (2004) 21 Cal.Rptr.3d 516. (5:56)

Penal Code §71: Do You Know It?
with William Bedsworth, Justice of the Court of Appeal, State of California
Little-known Penal Code §71 makes it illegal to threaten a public employee or
school employee (private or public) in order to cause that person not to
perform his/her duties. This a wobbler felony which all police officers should
be familiar with. Justice Bedsworth uses the case of In re Ernesto H. to
explain the workings of the statute. Case cited: In re Ernesto H. (2004) Daily
Journal DAR 14786. (7:07)

Searches of In-Custody Parolee's Residence
with Jeff Rubin, Alameda County District Attorney's Office
Although reasonable suspicion is not required to do a parole search, there
must be probable cause to believe the parolee resides at the place searched.
No such probable cause existed where it was easy for officers to ascertain
parolee had been in custody for six weeks before search occurred. Also, the
manner in which the search is conducted must be reasonable or the search
will be unconstitutional. Case cited: Motley v. Parks (2004) 123 Cal.App.4th
144. (7:07)