PC§417: Brandishing a Weapon
with William Bedsworth, Justice of the Court of Appeal, State of California
California Penal Code §417 makes it illegal to “exhibit a weapon in a rude,
angry, or threatening manner.” This is generally referred to as “brandishing”
a weapon. Justice Bedsworth compares the federal and state “brandishing”
statutes and discusses the recent case of Beaudion to provide a solid
grounding in what this statute prevents. Case cited: United States v. Beaudion
(2005 DJDAR 8649). (6:16)

Ordering Passengers Back in Vehicle During Stop
with Jeff Rubin, Alameda County District Attorney's Office
It is well established that an officer, for safety purposes, may order a
passenger to get out of, or stay inside, a vehicle during a routine traffic stop.
The Ninth Circuit has now held it is also proper to order a passenger, who has
already exited before the detaining officer approaches, to get back inside the
vehicle. Cases cited: Maryland v. Wilson (1997) 519 U.S. 408; People v.
Castellon (1999) 76 Cal.App.4th 1369; United States v. Williams (9th Cir.
2005) 419 F.3d 1029. (8:30)

Search and Seizure: The Emergency Doctrine
with Daniel McNerney, Superior Court Judge, State of California
Police may make a warrantless entry of a residence if they have reasonable
cause to believe that an emergency is at hand that requires immediate action
by police to protect persons or property. Cases cited: Mincy v. Arizona (1978)
437 U.S. 385; U.S. v. Stafford (2005) DAR 9367. (8:54)

Searching Suspect's Property in Other's Home
with Jeff Rubin, Alameda County District Attorney's Office
This video covers two recent cases involving the search of property belonging
to a suspect where the property searched was left by the suspect in another
person’s residence and that person gave the police permission to search the
suspect’s property. The general rules regarding when a suspect can suppress
evidence found during such searches are discussed. Cases cited: People v.
Schmeck (2005) 37 Cal.4th 240; United States v. Fay (9th Cir. 2005) 410
F.3d 589. (9:49)

School Tresspass
with William Bedsworth, Justice of the Court of Appeal, State of California
With school grounds becoming more and more a popular hangout for gang
members and youthful drug dealers, police need to know what does and does
not constitute a trespass on school grounds. In this segment, Justice
Bedsworth discusses an Alaska case which upheld the arrest of a drug dealer
on school grounds. Case cited: United States v. Dorsey (2005 DJDAR 9626 9th
Circuit Court of Appeals) August 11, 2005. (7:22)

Limited Invocation of Miranda Rights
with Jeff Rubin, Alameda County District Attorney's Office
A suspect may selectively give up his Fifth Amendment rights, agreeing, for
example, to talk but not on tape. Thus, the police violated a suspect’s right
to remain silent by continuing to question a suspect (who had previously
waived his Miranda rights as to an oral statement) on tape after the suspect
stated he did not want to talk on tape. Case cited: Arnold v. Runnels (9th
Cir. 2005) 421 F.3d 859. (6:00)