Miranda: Recording Co-Defendants’ Conversation
with Daniel McNerney, Superior Court Judge, Orange County, CA
Placing co-suspects together in a seemingly private place (police car, jail cell,
interview room, etc.) in hopes they will discuss the case and make
incriminating statements is not interrogation within the meaning of Miranda.
Cases cited: People v. Jefferson (2008) 158 CA4 830; Rhode Island v. Innis
(1980) 446 U.S. 291. (7:53)

POBRA Not Applicable to Criminal Investigations
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
The statutory provisions of the Public Safety Officers Procedural Bill of Rights
Act (POBRA) that require an employing agency to provide certain safeguards
to officers during an administrative investigation do not apply when the
investigation is concerned solely and directly with alleged criminal activities.
Case/statute cited: Van Winkle v. County of Ventura (2007) 158 Cal.App.4th
492; Gov. Code § 3303. (7:58)

Traffic Enforcement Outside Jurisdiction
with William W. Bedsworth, Appellate Court Justice, State of California
Police officer returning to his city after testifying in court observes a traffic
violation (CVC §21453(a) failure to stop for red light) outside his city and
issues a citation for it. The driver complains that the officer had no
jurisdiction outside the limits of the city by which he was employed. Justice
Bedsworth explains why this driver won, but very few others should. Case
cited: People v. Landis (2007) 156 Cal. App. 4th Supp. 12. (7:48)

Miranda and Suspects Calls To Police From Jail
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
A phone conversation with police investigators initiated by a suspect in jail on
an unrelated offense does not constitute “custodial interrogation” for
Miranda purposes. This holds true even if the phone call was made after the
officers had earlier interviewed the suspect and had taken a non-coerced
statement in technical violation of the suspect’s Miranda rights. Cases cited:
Tawfeq Saleh v. Fleming (9th Cir. 2008) 512 F.3d 548; Missouri v. Seibert
(2004) 542 U.S. 600. (7:49)

Vehicle Stops: Border Areas
with Daniel McNerney, Superior Court Judge, Orange County, CA
A police officer may combine his/her observations with his knowledge of the
area and his/her experience with the behavior of persons engaged in
particular kinds of criminal activity in determining whether this is reasonable
suspicion for a detention. Case cited: U.S. v. Berber (2007) DAR 18659.
(7:09)

Motorcycle Helmet Law Violation Not Necessarily a Fix-It Ticket
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Although violations of the motorcycle helmet law may potentially be
correctable and thus subject to a “fix-it” ticket, an officer is justified in
issuing a regular ticket to a suspect wearing a soft cloth cap to which is
affixed a DOT sticker since such a cap is obviously not in compliance with the
helmet law and presents an immediate safety hazard. Case/statutes cited:
Depart of California Highway Patrol v. Superior Court (Quigley) (2008) 158
Cal.App.4th 726; Veh. Code §§ 27802, 27803, 40610, 40303.5. (6:54)