Search & Seizure: Police Stand-Offs
with Daniel McNerney, Superior Court Judge, Orange County, CA
Even during a police standoff with a suspect, police are not relieved of their
obligation to seek a warrant if the opportunity presents itself. Case cited:
Fisher v. San Jose (2007) DJDAR 17215. (8:37)

Spotlight Plus Rush Equals Detention
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Even if an officer does not actually command a suspect to do anything, if an
officer illuminates the suspect with a police spotlight and then rushes directly
at the suspect— asking about his parole or probation status and
disregarding the suspect’s indication that he was merely standing outside his
home— the officer will be deemed to have detained the suspect by his
nonverbal behavior. Case cited: People v. Garry (2007) 156 Cal.App.4th
1100. (7:21)

Give Them All the Information
with William W. Bedsworth, Appellate Court Justice, State of California
Justice Bedsworth analyzes the recent Jernigan case to explain the
obligations of the prosecutor, including the police, to provide the defense all
important information. Case cited: United States v. Jernigan (2007 C.D.O.S.
8052). (5:39)

Crossing Limit Line Not Okay Per VC §22450
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Vehicle Code section 22450 requires that a driver approaching a stop sign at
the entrance to, or within, an intersection, must “stop at a limit line,” if there
is a marked limit line. The statute mandates a full stop before any part of
the vehicle crosses the limit line. Case/statute cited: People v.Binkowski
(2007) 68 Cal.Rptr.3d 741; Veh. Code § 22450. (3:48)

Miranda: Statements To Jail Psychiatrist
with Daniel McNerney, Superior Court Judge, Orange County, CA
This segment discusses the circumstances under which a defendant’s
statements to a jail psychologist may or may not be admissible at trial.
Cases cited: Beaty v. Schriro (2007) DAR 17487; U.S. v. D.F. (1995) 63 F3d
671. (8:09)

Kicking In Door Can Be Burglary
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
So long as a suspect has the intent to commit a felony or a theft, kicking in
the door to a building can be sufficient “entry” for purposes of establishing a
completed burglary even if no portion of the suspect’s body actually breaks
the plane of the building. Case/statute cited: People v. Calderon 2007 WL
4418111; Pen. Code § 459. (5:17)