Is It a Glock or a Taser?
with William W. Bedsworth, Appellate Court Justice, State of California
In two reported cases in the last two years, police officers reported intending to tase
a suspect and accidentally drawing his sidearm and shooting him instead. Justice
Bedsworth discusses these cautionary tales and the law applied to them. Cases cited:
Henry v. Purnell (4th Cir. 2007) 501 F3d 374; Torres v. City of Madera (9th Cir. 2008)
2008 Daily Journal 6503 (May 6, 2008). (7:10)

"Reasonable Suspicion" Based Emergency Aid Searches
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Even though an entry into a home under the emergency aid exception requires a
“reasonable belief” (i.e., probable cause) that someone inside is seriously injured or
imminently threatened, officers may conduct a search of a home that is less
intrusive than the physical entry of the home (i.e., peek through a private window)
where is there only “reasonable suspicion” to believe someone inside might be
seriously injured or imminently threatened with such injury. Cases cited: People v.
Gemmill (2008) 162 Cal.App.4th 958; Brigham City v. Stuart (2006) 547 U.S. 398.
(10:14)

Interrogation: Use of Deception
with Daniel McNerney, Superior Court Judge, Orange County, CA
Use of deception by giving a suspect false information during interrogation will not
render the statements involuntary, unless the deception is of such a nature as to
produce a false confession. Cases cited: People v. Watkins (1970) 6 CA3 119;
People v. Parrison (1982) 137 CA3 529; People v. Musselwhite (1998) 17 CA4
1216; People v. Richardson (2008) DAR 7490; People v. Thompson (1990) 50 C3d
134. (8:23)

Medical Marijuana Limits Invalidated
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
The limits placed by the Legislature on the amount of medical marijuana that can be
possessed under the Medical Marijuana Program are invalid. The only valid
limitation is that authorized by the Compassionate Use Act (Proposition 215), which
simply requires that the amount of marijuana possessed be “reasonably related” to
the medical condition of the person authorized to possess the marijuana. Explains
the rationale behind the appellate decision invalidating the limits and makes some
suggestions about how to proceed in light of that decision. Case/Statutes cited:
People v. Kelly (2007) 163 Cal.App.4th 124; H&S Code, §§ 11357, 11358. (12:40)

Miranda Waivers and Juveniles
with William W. Bedsworth, Appellate Court Justice, State of California
Welfare and Institutions Code §627(b) requires that a minor be advised of the right
to make two phone calls (one to an attorney, one to a parent or responsible adult)
immediately upon being brought to a police station and within an hour after being
taken into custody. Lessie contended the police failed to advise him of that right
and did not allow him to call his father, even when he asked to. He contended that
this violated his statute and nullified his Miranda waiver, thus invalidating his
confession to murder. Justice Bedsworth describes the rules applying to
interrogation of a minor. Case cited: People v. Lessie (2008) DJDAR 5000 (April 9,
2008). (8:03)

Peeking Over Fence Isn't Necessarily a Search
with Jeff Rubin, Deputy District Attorney, Alameda County, CA
Discusses a case holding, among other things, that an officer did not violate any
reasonable expectation of privacy by looking over a six-foot fence flush with the
front of a house while standing on a concrete pathway leading from the front door
to a gate in the fence, even though the officer needed to stand on his tiptoes to see
over the fence and used a flashlight to aid his vision. Case cited: People v. Chavez
(2008) 161 Cal.App.4th 1493. (13:13)