Anonymous Tip of DUI
with William Bedsworth, Justice of the Court of Appeal, State of California
Courts across the country are carving out an exception to the basic rule that
an anonymous tip will not support detention, arrest, or search. A California
court has now held that an anonymous tip will support a stop for DUI.
Justice Bedsworth discusses Lowry v. Gutierrez and explains its limitations.
This is a very important case that officers need to fully understand if they are
going to work patrol. Cases cited: Lowry v. Gutierrez (2005) 124 Cal. App.
4th 926; Florida v. J.L. (2000) 529 U.S. 266. (9:18)

Subjective Intent and Search Clauses
with Jeff Rubin, Alameda County District Attorney's Office
A probationer with a search clause permitting a search for some, but not
other, items has no reasonable expectation of privacy in areas where the
items within the scope of the search may be located. Thus, where an officer
does a search under a search clause allowing searches for narcotics and finds
stolen property in a portion of the probationer’s residence where drugs might
be located, the stolen property will be admissible in court regardless of the
officer’s reason for searching. Case cited: People v. Gomez (2005) 130
Cal.App.4th 1008. (7:20)

Miranda: "Indirect" Questioning
with Daniel McNerney, Superior Court Judge, State of California
Brief statements or comments to a suspect about the case or the evidence will
not be viewed as “indirect” questioning under Miranda. Cases cited: Rhode
Island v. Innis (1980) 446 U.S. 291; People v. Simms (1993) 5 C4 405;
People v. Boyer (1989) 48 C3 247; People v. Dominick (1982) 182 CA3
1174; U.S. v. Flores (1994) 33 F3 1164; People v. Haley (2004) 34 C4 283.
(6:54)

"Grabbing Area" Searches
with Jeff Rubin, Alameda County District Attorney's Office
Police making a custodial arrest of a suspect may, incident to that arrest,
search the area immediately accessible to the suspect at the time of his
arrest, even after the arrest, so long as the search is reasonably
contemporaneous with the arrest and nothing has occurred in the meantime
to render it unreasonable. Cases cited: People v. Rege (2005) 30 Cal.Rptr.3d
922; Chimel v. California (1969) 395 U.S. 752. (5:06)

Discovery: What You Have to Give the Defense
with William Bedsworth, Justice of the Court of Appeal, State of California
Generally, anonymous tips will not provide reasonable suspicion for a
detention unless they predict future criminal activity, or give accurate details
and provide first hand knowledge by the caller. Cases cited: People v. Jordan
(2004) 121 CA4 544; People v. Dolly (2005) 128 CA4 1354. (7:38)

Imperfect Self-Defense of Others
with Jeff Rubin, Alameda County District Attorney's Office
A suspect who kills under an unreasonable but actual belief in the need to
prevent imminent great bodily injury or death to another is only guilty of
voluntary manslaughter under the doctrine of “imperfect defense of others.”
Other aspects of self-defense and imperfect self defense are discussed. Case
cited: People v. Randle (2005) 35 Cal.4th 987. (9:49)