Consent Search: Co-Tenants
with Daniel McNerney, Superior Court Judge, Orange County, CA
If one co-tenant refuses to give consent to a search of the premises, police
may not rely on the consent of a second co-tenant to justify the search.
Cases cited: Georgia v. Randolph (2006) 547 U.S. 103; U.S. v. Murphy
(2008) DAR 2591. (8:32)

"Public Place" for PC §647(f) Purposes
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
A woodshed 10 to 15 feet away from the side of a residence is not a “public
place” for purposes of Penal Code section 647(f), which prohibits persons
from being found in a public place while so intoxicated they are unable to
care for their own or others' safety. Also, the statute is not violated if the
person is asked or commanded by police to come from a private place onto a
public place. Case/statute cited: In re R.K. (2008) 160 Cal.App.4th 1615;
Pen. Code § 647(f). (5:41)

"I Plead the Fifth" is a Miranda Invocation
with William W. Bedsworth, Appellate Court Justice, State of California
Justice Bedsworth has previously explained that a vague or unclear
statement that may be an invocation of Miranda may be clarified by the
officer. So if a suspect says something unclear that may be a Miranda refusal
to talk, the officer may ask questions designed to see if that is really the
suspect’s intent. But this cannot be done if the suspect clearly invokes his
Miranda rights; the Ninth Circuit held that “I plead the Fifth,” is plenty clear
enough to preclude any further questioning. There is nothing to “clarify”
when the suspect is that clear. Questioning must stop. Case cited: Anderson
v. Terhune (516 F3d 781). (4:51)

4-5 Hour Detention Not Unduly Prolonged
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
A defendant who was stopped at 5:30 in the morning driving his motorcycle
in the dark toward a treacherous dirt road leading to a remote marijuana
grow was not detained for an unduly prolonged period where the deputies
had to take four to five hours to drive out and back to the grow and search
the grow for evidence linking the defendant to the grow. Case cited: People v.
Williams (2007) 156 Cal.App.4th 949. (11:47)

Speedy Trial: Police Efforts to Bring Defendant to Trial
with Daniel McNerney, Superior Court Judge, Orange County, CA
Upon obtaining an indictment or information, law enforcement must make a
reasonable effort to pursue, contact, and bring the defendant to trial. Case
cited: U.S. v. Mendoza (2008) DAR 3087. (8:59)

Weighted Workout Gloves Not PC §12020 "Sandbag"
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
A workout glove weighted with sand is not the kind of instrument or weapon
commonly known “sandclub or sandbag” for purposes of the statute
prohibiting mere possession of certain weapons. Case/statute cited: People v.
Mayberry (2008) 160 Cal.App.4th 165; Pen. Code § 12020(a). (4:58)