Consensual Encounter Turns Into Detention
with William W. Bedsworth, Appellate Court Justice, State of California
In this case, Portland police engaged in a consensual encounter, received
permission to search Washington and his car, searched both and found he was
illegally in possession of a firearm. The court found the consensual encounter had
been escalated by the police into an illegal detention. Justice Bedsworth feels this
case is wrong, but it is nonetheless the law, so it is important to understand why
the court said the consensual encounter turned into a detention. Case cited:
United States v. Washington (2007 DJDAR 8986). (9:27)

False Report of Bomb: Required Intent?
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Penal Code section 148.1(a), which makes it unlawful to falsely report that a
bomb or explosive has been or will be placed or secreted in any public or private
place to various persons or organizations, does not require that the person
making the report intend for the report to be taken seriously or that the persons
hearing the report take the report seriously. Case/statute cited: Levin v. United
Air Lines, Inc. (2008) 158 Cal.App.4th 1002; Pen. Code § 148.1(a). (18:05)

Search and Seizure: Emergency Doctrine
with Daniel McNerney, Superior Court Judge, Orange County, CA
Under the “Emergency Doctrine” police may enter a residence without a warrant
if they have probable cause to believe that a person in the residence is in
imminent danger of death or serious injury. Cases cited: Mincey v. Arizona
(1978) 437 U.S. 385; People v. Celis (2004) 33 C4 667; People v. Ammons
(1980) 103 CA3 20; People v. Smith (1972) 7 C3 282; People v. Seminoff
(2008) 159 CA4 518. (7:06)

Warrantless Entry to Seize Small Amount of Marijuana
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
The exigent circumstances exception to the warrant requirement does not permit
entry into a home to prevent the imminent destruction of evidence of a minor
crime. Possession of less than 28.5 grams of marijuana is a “minor” crime since
it does not carry any jail time. Thus, officers violated the Fourth Amendment by
making a nonconsensual entry into a home based on smelling marijuana and
seeing a person inside the home smoking marijuana. Case/statute cited: People
v. Hua (2008) 158 Cal.App.4th 1027; Health & Saf. Code § 11357(b). (7:34)

Vehicle Stop Based on Air Freshener
with William W. Bedsworth, Appellate Court Justice, State of California
California courts have decided whether a vehicle stop can be based upon
obstruction of the driver’s vision by a hanging air freshener twice. In 2003, they
held it could not, but in December 2007, they held it could. Justice Bedsworth
explains why the results of these cases were different and what you have to be
able to say to make a violation of §26708(a)(2). Cases and statutes cited:
People v. White (2003) 107 Cal. App. 4th 636; People v. Colbert (2007) DJDAR
18285, Vehicle Code §26708(a)(2). (7:42)

Warrantless Entry Based on Hysterical Call
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Police properly entered a home without a warrant, pursuant to the emergency
exception to the Fourth Amendment, where there was a telephone call at 5:00 in
the morning to the police from “a hysterical male” who told the dispatcher to
“[g]et the police over here now." An officer from the neighborhood noticed a
vehicle outside the house he did not recognize and saw someone unfamiliar
walking into the house before police entry, the front door to the house was ajar,
the lights were on in the house, and the scope and manner of entry was
reasonable. Case cited: United States v. Snipe (9th Cir. 2008) 515 F.3d 947. (8:46)