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CONTENTS - PAST ISSUES


(2016, 2015, 2014 only)

 

INDEX TO VOLUME 40 (2016)

OF THE LAW ENFORCEMENT

LEGAL REPORTER (LELR)

 

450 Cases Every Peace Officer, Prosecutor and Judge should know. August 2016 LELR (entire issue).

ARREST AND SEARCH

Arkansas v. Sanders (1979) 442 U.S. 753 and People v. Green (1981) 115 Cal.App.3d

259, March 2016 LELR at p. 22. Officers may arrest and search persons openly carrying gun case(s) in public. Field release person if gun case(s) empty.

Utah v. Strieff (2016) 195 L. Ed 2d 400. July 2016 LELR at p. 8. Discovery of an arrest warrant “cures” a prior illegal detention. Arrest and search valid.

United States v. Williams (9th Cir. 2016) 837 F.3d 1016, November 2016 LELR at p. 5. OK to arrest a lawfully detained person who flees.

ARREST – IDENTIFICATION

Garcia v. County of Riverside (9th Cir. 2016) 817 F.3d 635, July 2016 LELR at p. 19. Officers must verify identity of arrestee named on an arrest warrant.

ARREST – RESISTING AND DELAYING

In re Chase C. (2015) 243 Cal.App.4th 107, April 2016 LELR at p. 4: Verbal interference delaying an officer’s lawful performance of his duties in the field can constitute a violation of PC section 148.

Dealing with Intermeddlers by Lieutenant Nicholas King, California Highway Patrol, April 2016 LELR at p. 10. Suggested approach for dealing with intermeddlers during a field investigation.

ARSON

Mason v. Superior Court (2015) 242 Cal.App.4th 773, May 2016 LELR at p. 14. Fire caused by illegal fireworks prosecutable as arson. Need not show intent to cause a fire.

ASSAULT

People v. White (2015) 241 Cal.App.4th 881, March 2016 at p. 11. Attempt to commit battery is an assault even if the victim is not injured.

ATTEMPT

People v. Weddington (2016) 246 Cal.App.4th 468, October 2016 LELR at p. 4.  An abandoned attempt to commit a burglary is still an attempted burglary. This would apply to abandoned attempts to commit other crimes as well.

BATTERY

People v. Dealba (2015) 242 Cal.App.4th 1142, June 2016 LELR at p. 7. Battery may be committed by an “indirect touching” of victim. Many such cases listed and described.

In re B. L. (2015) 239 Cal.App.4th 1491, February 2016 LELR at p. 9. Battery is committed by the willful and unlawful use of force – including touching – against another person or against an object held or carried by another person. Other crimes occurring on a school campus listed.

BURGLARY

People v. Weddington (2016) 246 Cal.App.4th 468, October 2016 LELR at p. 4. An abandoned attempt to commit a burglary is still an attempted burglary.

People v. McEntire (2016) 247 Cal.App.4th 484, October 2016 LELR at p. 9. Entry beyond screen door is an entry of inhabited dwelling with an occupant inside.

People v. Zuan (2016) 245 Cal.App.4th 1171, September 2016 LELR at p. 13.  Knocking on door can be an attempted burglary.

In re J. L. (2016) 242 Cal.App.4th 1108, April 2016 LELR at p. 15: Theft from a schoollocker is burglary, not shoplifting.

People v. Vasquez (2015) 239 Cal.App.4th 1512, March 2016 LELR at p. 14. Burglary of house undergoing renovation is burglary of an inhabited dwelling even though owner is not sleeping in it.

CELL PHONE TOWER EVIDENCE

People v. Garlinger (2016) 247 Cal.App.4th 1185, November 2016 LELR at p. 18. OK to present evidence in court of location of cell phone at time of call based upon location of cell towers servicing calls from that cell phone.

CHILD ENDANGERMENT

People v. Valdez (2002) 27 Cal.4th 778, May 2016 LELR at p. 18. Leaving baby unattended in a hot car is child endangerment – PC 273a, subd.(a).

CIVIL LIABILITY

Kennedy v. City of Ridgefield (9th Cir. 2006) 439 F.3d 1055, April 2016 Bonus at p. 22: “State Created Danger” doctrine explained and applied. Police can’t place people in danger they would not otherwise have been exposed to.

Political Demonstrations. A minefield for police. July 2016 LELR at p. 22. State Created Danger Doctrine can apply at political demonstrations. Possible civil liability to officers and departments.

CONSENSUAL ENCOUNTERS

Florida v. Bostick (1991) 501 U.S. 419, January 2016 LELR at p. 4. Police may approach persons in public places and ask if they have drugs and for a consent search.

United States v. Orman (9th Cir. 2007) 486 F.3d 1170, January 2016 LELR at p. 10. OK to approach man and ask if he’s carrying a gun.

People v. Leath (2013) 217 Cal.App.l4th 344, January 2016 LELR at p. 15. Talking to a person and asking for ID is a consensual encounter and not a detention. Consensual encounters and detentions distinguished. Arrest on warrant “cures” a bad stop.

People v. Rivera (2007) 41 Cal.4th 304, January 2016 LELR at p. 22. Officers need not corroborate an anonymous tip to conduct a knock and talk.

In re Frank V. (1991) 233 Cal.App.3d 1232, January 2016 LELR at p. 26. OK to orderpersons to show their hands during police contact.

CRIME CHARGING

People v. Twiggs (1963) 223 Cal.App.2d 455, June 2016 LELR Bonus at p. 18. If other witness(es) can show commission of crime against a victim, name of victim need not be known. Unknown victims can be named at John/Jane Doe(s). Officer saw attempted grand thefts by pickpocket but victims got on bus and left location. Would apply to other crimes against the person as well.

CRIMINAL THREATS

People v. Fierro (2010) 180 Cal.App.4th 1342, February 2016 LELR Bonus at p. 24. “I will kill you right now” is a criminal threat – Penal Code section 422. 

DETENTION

United States v. Williams (9th Cir. 2016) 837 F.3d 1016, November 2016 LELR at p. 6. OK to detain suspect based upon detailed phone call.

United States v. Smith (9th Cir. 2011) 633 F.3d 889, November 2016 LELR Bonus at p. 23.  Unprovoked flight from an officer in a high crime area justifies detention and pat down.

In re Frank V. (1991) 233 Cal.App.3d 1232, January 2016 LELR at p. 26. OK to orderpersons to show their hands during police contact.

DISORDERLY CONDUCT

In re M. H. (2016) 1 Cal.App.5th 699, December 2016 LELR at p. 10. Secretly filming a student in a high school bathroom is disorderly conduct per PC 647, subd.(j)(1). Applies to secretly viewing or filming persons in other places where they have a reasonable expectation of privacy.

DOG TRAILING EVIDENCE

People v Jackson (2016) 1 Cal.5th 269, November 2016 LELR at p. 10. Dog trailingevidence is admissible at trial.  (Also known as dog tracking.)

DOMESTIC VIOLENCE/ROBBERY

People v. Aguilera (2016) 244 Cal.App.4th 489, September 2016 LELR at p. 9. Forcibly taking cell phone from wife can be robbery. Robbery can be committed by a temporary taking.

DOUBLE JEOPARDY

People v. Gonzalez (2015) 241 Cal.App.4th 1103, March 2016 LELR at p. 18. Stateprosecution for unlawful discharge of a laser at an aircraft may proceed despite prior payment of $2000 civil fine to FAA. Not double jeopardy. Other laser related crimes listed.

DRIVING UNDER THE INFLUENCE

People v. Jimenez (2015) 242 Cal.App.4th 1337, May 2016 LELR at p. 9. Motorist isdriving under the influence of drugs when he falls asleep due to the effects of methamphetamine wearing off.

ELECTRONIC COMMUNICATIONS PRIVACY ACT (ECPA)

Penal Code sections 1546 to 1546.4 – March 2016. LELR at p. 4 and November 2016 LELR at p. 21. Officers can still access information publically posted on the Internet.Citizens can voluntarily disclose to officers information sent to their personal email or other social media platforms. Officers can still do stings to catch child molesters and other criminals by use of the Internet. Need not reveal that it is a government agency sending the sting message. Persons on PRCS or parole are subject to warrantless searches of theirelectronic devices. See PC 1546.1, subd.(c)(9) and (c)(10).

ESCAPE

People v. Potts (2016) 247 Cal.App.4th 1167, October 2016 LELR at p. 17. Escape from home detention shown by failure to return directly and immediately from place of employment.

EVADING

People v. Weddington (2016) 246 Cal.App.4th 468, October 2016 LELR at p. 4. Passengers in pursued auto can also be charged with evading.

FINGERPRINT EVIDENCE

People v. Rivas and Valadez (2015) 238 Cal.App.4th 967, April 2016 LELR at p. 19: Palm and fingerprint evidence are admissible at trial.

GANG CRIMES

People v. Weddington (2016) 246 Cal.App.4th 468, October 2016 LELR at p. 4. Gangtattoos, gang slang, and “signature crime” of gang prove gang allegation.

People v. McEntire (2016) 247 Cal.App.4th 484, October 2016 LELR at p. 9. Gangtattoos, gang clothing and gang language can be used to prove gang allegation.

GREAT BODILY INJURY

People v. Cunningham (2016) 244 Cal.App.4th 1049, June 2016 LELR at p. 11. A medically induced coma due to a brain injury is great bodily injury – a five year enhancement.

IDENTIFICATION

People v. Garcia (2016) 2444 Cal.App.4th 1349, September 2016 LELR at p. 4. Field show-up and photo lineup valid.

KNOCK AND TALK

People v. Rivera (2007) 41 Cal.4th 304, January 2016 LELR at p. 22. Officers need not corroborate an anonymous tip to conduct a knock and talk.

LASER

People v. Gonzalez (2015) 241 Cal.App.4th 1103, March 2016 LELR at p. 18. State prosecution for unlawful discharge of a laser at an aircraft may proceed despite prior payment of $2000 civil fine to FAA. Not double jeopardy. Other laser related crimes listed.

MARIJUANA

Smoking marijuana in public remains unlawful under Proposition 64. December 2016 LELR at p. 14.

MIRANDA/CONFESSIONS

People v. Bridgeford (2015) 241 Cal.App.4th 887, February 2016 LELR at p. 4. Officers seeking to interrogate an in-custody suspect must first determine if the suspect was arrested and invoked his right to counsel within the prior 14 days. If so, the suspect cannot be interrogated even if he or she was out of custody during some of all of the 14 days. The invocation of the right to counsel occurring less than 14 days prior still applies as to all officers who seek to interrogate the suspect on any case.

People v Jackson (2016) 1 Cal.5th 269, November 2016 LELR at p. 10. Police may talk to an arrestee who invoked his right to silence but later asked to talk again to investigator.

MURDER

People v. Nelson (2015) 240 Cal.App.4th 488, May 2016 LELR at p. 11. Solicitation to commit murder shown by man A asking man B to contact a hit man to kill man C. Man A need not contact hit man directly. Actually paying a hit man is attempted murder.

People v Jackson (2016) 1 Cal.5th 269, November 2016 LELR at p. 10. Murder for purpose of robbery shown by property missing from victim.

POLLING PLACE CRIMES

Elections Code 18000 – 18578. Crimes most likely to be committed at a polling place on Election Day are set forth. November 2016 LELR at p. 4. 

POST RELEASE COMMUNITY SUPERVISION (PRCS)

People v. Young (2016) 247 Cal.App.4th 972, November 2016 LELR at p. 15. PRCS search condition valid for up to 30 days following one year of supervision. OK warrantless blood draw from DUI arrestee who is on PRCS.

POLITICAL DEMONSTRATIONS

Political Demonstrations.  A minefield for police. July 2016 LELR at p. 22. State Created Danger Doctrine can apply at political demonstrations. Possible civil liability to officers and police departments.

PRIVACY

In re M. H. (2016) 1 Cal.App.5th 699, December 2016 LELR at p.10. Secretly filming a student in a high school bathroom is an invasion of privacy and is disorderly conduct per PC 647, subd.(j)(1). Applies to secretly viewing or filming persons in other places where they have a reasonable expectation of privacy.

PROBATION CONDITIONS

People v. Moran (2016) 1 Cal.5th 398, September 2016 LELR at p. 16. Probation condition to “stay away” from Home Depot is valid.

PROPOSITION 57

Proposition 57: The Early Release of Dangerous Felons Act. October 2016 LELR at p. 20 and November 2016 LELR at p. 22.

ROBBERY

People v. Avery (2002) 27 Cal.4th 49, September 2016 Bonus at p. 21. Intent to permanently deprive includes intent to only temporarily deprive.

People v. Aguilera (2016) 244 Cal.App.4th 489, September 2016 LELR at p. 9. Forcibly taking cell phone from wife can be robbery. Robbery can be committed by a temporary taking.

People v. Etheridge (2015) 241 Cal.App.4th 800, April 2016 LELR at p. 12: “Estes Robbery” does not apply if stolen goods are abandoned before force is used. Other Estes Robbery cases listed.

SCHOOL CRIMES

In re Gary H. (2016) 244 Cal.App.4th 1463, July 2016 LELR at p. 4. Offense of loitering at a school requires an intent to commit a crime at the school.

In re B. L. (2015) 239 Cal.App.4th 1491, February 2016 LELR at p. 9. Battery is committed by the willful and unlawful use of force – including touching – against another person or against an object held or carried by another person. Other crimes occurring on a school campus listed.

SEARCH AND SEIZURE

People v. Casares (2016) 62 Cal.4th 808, June 2016 LELR at p. 4. Officers must ask as to both ownership and possession before conducting a search of property suspect claims is not his. Ask “Is this your car?” “Do you have any connection to this car?”

Arkansas v. Sanders (1979) 442 U.S. 753 and People v. Green (1981) 115 Cal.App.3d 259, March 2016 LELR at p. 22. Officers may arrest and search persons openly carrying gun case(s) in public. Field release arrestee if gun case(s) empty.

 

INDEX TO VOLUME 39 (2015)

OF THE LAW ENFORCEMENT

LEGAL REPORTER (LELR)

 

ARREST

United States v. Cook (9th Cir. 2015) 797 F.3d 713 – November 2015 LELR at p. 3. Search of arrestee’s backpack incident to his arrest is valid even though he is handcuffed.

Herring v. United States (2009) 172 L Ed 2d 496, January 2015 LELR at Bonus p. 20. Arrest on recalled warrant – no suppression. Not all Fourth Amendment violations require suppression of evidence. “The exclusionary rule serves to deter deliberate, reckless or grossly negligent conduct or in some circumstances recurring or systemic negligence.” “We have repeatedly rejected the argument that exclusion is a necessary consequence of a Fourth Amendment violation."

People v. Curtis (1969) 70 Cal.2d 347, January 2015 LELR at p. 4. Forceful resistance to even an unlawful arrest is prohibited. Officers are not acting in the performance of their duties when making an unlawful arrest.

ASSAULT WITH A DEADLY WEAPON

In re D.T. (2015) 237 Cal.App.4th 693, November 2015 LELR at p. 12. “Playfully” poking victim in the back with a knife is Assault with a Deadly Weapon.

AUTO THEFT – AUTO BURGLARY

People v. Watson (2000) 22 Cal.4th 220, October 2015 LELR Bonus at p. 21. Use of bait car is not entrapment. Window of bait car can be down 3 – 4 inches.

BICYCLES

Velasquez v. Superior Court (2014) 227 Cal.App.4th 1471, February 2015 LELR at p. 14. Traffic laws, including DUI and reckless driving, apply to bicycles.

BURGLARY

Burglary. 20 burglary cases collected – February 2015 LELR at Bonus p. 20.

CRIMES AGAINST PEACE OFFICERS

(Note: see March 2015 LELR for summaries of fourteen cases of crimes against peace officers)

People v. Chance (2008) 44 Cal.4th 1164, March 2015 LELR at p. 3. Assault with a firearm upon a peace officer shown even though the officer “thwarted” the infliction of any injury.

People v. Raviart (2001) 93 Cal.App.4th 258, March 2015 LELR at p. 6. Drawing a gun to shoot officers is an assault with a firearm upon a peace officer even though officers thwarted the shooting by jumping behind a wall.

People v. Superior Court (Ferguson) (2005) 132 Cal.App.4th 1525, March 2015 LELR at p. 9. Flight from a police officer is “willful resistance” in violation of PC 148.10. Defendant may be convicted of a felony violation of PC 148.10 if officer falls and seriously injures himself while pursuing fleeing defendant. Defendant need not personally inflict the injury.

People v. Palmer (2005) 133 Cal.App.4th 1141, March 2015 LELR at p. 12. Gunshot was proximate cause of injury when officer, dodging the shot, fell and broke an ankle. Can add 25 years to life to sentence for underlying felony.

People v. Martinez (1970) 3 Cal.App.3d 886, March 2015 LELR at p. 15. Barefoot kick on boot of motor officer is battery on a peace officer. “We are not prepared to say that a barefoot kick is unoffensive.” 3 Cal.App.3rd at p. 889.

People v. Martin (2005) 133 Cal.App.4th 776, March 2015 LELR at p. 21. Felony resisting – Penal Code section 69. Each officer is a separate victim.

People v. Iboa (2012) 207 Cal.App.4th 111, March 2015 LELR at p. 23. Penal Code section 69 shown by threatening language and threatening physical behavior alone. No actual touching is required.

In re Muhammed C. (2002) 95 Cal.App.4th 1325, March 2015 LELR at p. 27. Suspect speaking to a prisoner in the back of a police car when told not to do so is a violation of PC 148, subd.(a)(1) – resisting/delaying.

In re Alejandro (1995) 37 Cal.App.4th 44, March 2015 LELR at p. 30. Challenging an officer to fight is a PC 415 violation.

People v. Schnathorst (2004) 120 Cal.App.4th 1310, March 2015 LELR at p. 32. A peace officer can be the victim of “criminal threats” in violation of PC 422.

People v. Mosley (2007) 155 Cal.App.4th 313, March 2015 LELR at p. 35. County jail custodial officers can be victims of criminal threats – PC 422.

People v. Wilson (2010) 186 Cal.App.4th 789, March 2015 LELR at p. 38. A correctional officer in a state prison can be the victim of criminal threats – PC 422.

People v. Christopher (2006) 137 Cal.App.4th 418, March 2015 LELR at p. 43. Giving a false name to an arresting officer is a violation of both PC 148, subd.(a)(1) – resisting delaying – and PC 148.9 – false identification.

CRIMINAL THREATS

People v. Wilson (2015) 234 Cal.App.4th 193, June 2015 LELR at p. 12. Multiple threats to the same victim in one incident is one count of criminal threats. Each victim must be directly threatened.

DETENTION

People v. Brown (2015) 61 Cal.4th 968, September 2015 LELR at p. 3. Pulling behind a stopped vehicle and turning on emergency lights is a detention of the stopped vehicle. 911 report of a fight in progress with a loaded gun justifies detention of a vehicle driving from the scene of the fight.

DISSUADING A WITNESS

People v. Kirvin (2014) 231 Cal.App.4th 1507, May 2015 LELR at p. 7. Each phone call attempting to dissuade a witness is a separate count.

DRIVING UNDER THE INFLUENCE

People v. Jones (2014) 231 Cal.App.4th 1257, April 2015 LELR at p. 6. OK warrantless blood draw of DUI arrestee subject to Post Release Community Supervision (PRCS) conditions.

People v. Toure (2015) 232 Cal.App.4th 1096, June 2015 LELR at p. 3. Need not get search warrant for forcible blood draw of a combative DUI arrestee in a crash situation.

DUI WITH INJURY

People v. Walker (2014) 231 Cal.App.4th 1270, June 2015 LELR at p. 16. One crash is one count of DUI with Injury regardless of number of persons injured. Multiple separate crashes can be multiple counts of DUI with Injury. Injured persons need not be named in pleadings to get restitution.

DYING DECLARATIONS

People v. Johnson (2015) 61 Cal.4th 734, September 2015 LELR at p. 9. Statements naming shooter by dying victim admissible at trial.

ESCAPE

People v. Kunes (2014) 231 Cal.App.4th 1438, May 2015 at p. 15. Cutting off home detention GPS monitoring device and fleeing is escape by force.

EVIDENCE

People v. Leon – (2015) 61 Cal.4th 569, 601, November 2015 LELR at p.16. OK for officer to identify defendant as the man shown in a surveillance photo.

In re K.B. (2015) 238 Cal.App.4th 989, October 2015 LELR at p. 15. Incriminating photos extracted from Instagram admissible at trial. Would apply to other social media postings as well.

People v. Alvarez (2014) 229 Cal.App.4th 761, February 2015 LELR at p. 17. Police must recover and retain potentially exonerating evidence.

People v. Myers (2014) 227 Cal.App.4th 1219, May 2015 LELR at p. 12. OK to present evidence of prior similar robbery to show intent.

FALSE PERSONATION – IDENTITY THEFT

United States v. Osuna-Alvarez (9th Cir. 2015) 788 F.3d 1183, September 2015 LELR at p. 13. Use of brother’s name is a crime even though brother gave permission. Other identity theft cases discussed.

GAMBLING/SLOT MACHINES

People v. Kirnpal Grewal (2015) 61 Cal.4th 544, August 2015 LELR at p. 17. Internet café“sweepstakes” that allow participants to play gambling themed games for money meet statutory definition of “slot machine” and constitute illegal gambling.

GANG CRIMES

People v. Nguyen – (2015) 61 Cal.4th 1015, 1034-1035, November 2015 LELR at p. 17. Gang officer can testify at trial that it is common for persons present at gang crime scenes to claim “I was in the bathroom at the time” in order to avoid telling officers what they saw.

GREAT BODILY INJURY

People v. Elder (2014) 227 Cal.App.4th 411, February 2015 at p. 10. Dislocated finger is great bodily injury per PC 12022.7. GBI allegation applies even if the injury was accidentally inflicted.

HEARSAY

Ohio v. Clark (2015) 192 L Ed 2d 306, August 2015 LELR at p. 4. Nontestimonial hearsay is admissible at trial. “Statements are nontestimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency. 192 L Ed 2d at p. 314. So when arriving at crime scenes, ask “What’s happening?” Not “What happened?”

IDENTITY THEFT

United States v. Osuna-Alvarez (9th Cir. 2015) 788 F.3d 1183, September 2015 LELR at p. 13. Use of brother’s name is a crime even though brother gave permission. Other identity theft cases discussed.

People v. Johnson (2012) 209 Cal.App.4th 800, September 2015 Bonus at p. 21. Use of another’s identity to obtain goods, services, etc., is identity theft. No intent to defraud and no loss to victim is necessary.

JUVENILE VICTIMS

People v. Christensen (2014) 229 Cal.App.4th 781– November 2015 LELR at p. 16. OK to excuse child molest victim from testifying at retrial.

People v. Chenault – (2014) 227 Cal.App.4th 1503, November 2015 LELR at p. 16. OK to have a support dog present during a child victim’s testimony.

LYNCHING

Penal Code section 405a. August 2015 LELR at p. 19. Unlawfully taking a prisoner from the custody of an office in violation of Penal Code section 405a is no longer called “lynching.” PC 405a and PC 405b combined into revised PC 405a.

MARIJUANA CULTIVATION

People v. Clark (2014) 230 Cal.App.4th 490, April 2015 LELR at p. 9. Officers need not determine if suspect is lawfully cultivating marijuana under the Compassionate Use Act prior to getting a search warrant for marijuana cultivation at his residence.

MIRANDA/CONFESSIONS

People v. Nguyen (2015) 61 Cal.4th 1015 – November 2015 LELR at p. 8. Statements taken after a suspect invokes his right to counsel can be used for impeachment purposes at trial. This is true even if the officer deliberately ignored the suspect’s invocation of his right to counsel in order to get statements for impeachment purposes. See also People v. Peevy (1998) 17 Cal.4th 1184, 1188 which held the same.

People v. Shamblin (2015) 236 Cal.App.4th 1, October 2015 LELR at p. 3. Invocation of Miranda rights must be unequivocal. Volunteered statements to booking officer admissible.

In re Deborah C. (1981) 30 Cal.3d 125, September 2015 LELR at p. 17. Retail store security officers need not give Miranda advisement prior to interrogation of shoplifter.

People v. Williams (2013) 56 Cal.4th 165, August 2015 LELR Bonus at p. 20. Spontaneous confession to a booking officer is admissible at trial.

People v. Elizalde (2015) 61 Cal.4th 523, August 2015 LELR at p. 10. Answers to booking questions re gang affiliation not admissible in prosecution’s case in chief at trial. Admissible for impeaching purposes.

People v. Duff (2014) 58 Cal.4th 527, April 2015 LELR at p. 3. Re-advisement is not necessary for a reasonably contemporaneous re-interrogation.

People v. Franzen (2012) 210 Cal.App.4th 1193, April 2015 Bonus Feature at p. 19. Questions asked to clarify a suspect’s volunteered remarks are not interrogation. Miranda admonition is not required.

MISTAKE OF LAW

Heien v. North Carolina (2014) 190 L Ed 2d 475, January 2015 LELR at p. 16. Mistake of law, if reasonable, will not invalidate police action based upon it.

MURDER

People v. McNally (2015) 236 Cal.App.4th 1419, October 2015 LELR at p. 9. “Horseplay” killing is second degree murder.

People v. Smith (2014) 60 Cal.4th 603, January 2015 LELR at p. 8. All participants in a gang fight are guilty of murder if any participant – or bystander – is killed.

NARCOTICS CASES

United States v. De Jesus-Casteneda – (9th Cir. 2013) 705 F.3d 1117, November 2015 LELR at p. 16. OK for informant to testify at trial wearing a false mustache, sunglasses and a wig.

United States v. Paciano Lizarraga-Tirado– (9th Cir. 2013) 789 F.3d 1107, November 2015 LELR at p.16. Google Earth satellite image and a machine generated “tack” labeled with GPS coordinates are not hearsay and are admissible at trial.

POLICE USE OF DEADLY FORCE

Mullenix v. Luna (2015) 193 L Ed 2d 255, December 2015 LELR at p. 4. OK for officer to use gunfire to attempt to disable a fleeing car in a dangerous, high-speed pursuit situation. Officer fired six shots at engine but hit driver instead. Officer protected by “qualified immunity.”

PROBATION

People v. Ebertowski (2014) 228 Cal.App.4th 1170, May 2015 LELR at p. 9. OK to get computer and electronic media passwords as a condition of probation.

PROPOSITION 47 AND SHOPLIFTING

People v. Earl (1973) 29 Cal.App.3d 894 and People v. Rocha (2013) 221 Cal.App.4th 1385, April 2015 LELR at p. 13. Proving intent to steal in shoplifting cases.

ROBBERY

United States v. Pedrin (9th Cir. 2015) 797 F.3d 792, October 2015 LELR at p. 17. Recruiting defendant to rob a narcotics stash house is permissible. He can then be charged with conspiracy to commit robbery. This is not entrapment.

People v. Myers (2014) 227 Cal.App.4th 1219, May 2015 LELR at p. 12. OK to present evidence of prior similar robbery to show intent.

SEARCH AND SEIZURE

Patel v. City of Montclair (9th Cir. 2015) 798 F.3d 895, December 2015 LELR at p. 9. Officers warrantless entry into public areas of commercial property is lawful. Not Fourth Amendment violation.

United States v. Cook (9th Cir. 2015) 797 F.3d 713 – November 2015 LELR at p. 3. Search of arrestee’s backpack incident to his arrest is valid even though he is handcuffed.

City of Los Angeles v. Patel (2015) 192 L Ed.2d 435, August 2015 LELR at p. 14. Hotel, motel, etc., must maintain guest register but need not allow police officers to examine it upon request unless exigent circumstances require immediate examination.

Carroll v. Carman (2014) 190 L Ed 2d 311, January 2015 LELR at p. 12. Officers may approach and knock on any door of a residence where members of the general public could be expected to approach and knock.

United States v. Moore (9th Cir. 2014) 77 F.3d 809, June 2015 LELR at p. 8. Co-occupant’s consent search is valid unless another co-occupant is physically present and expressly refuses to allow the search.

Fernandez v. California (2014) 188 L Ed 2d 25, June 2015 LELR at Bonus Feature p. 19. Co-occupant’s consent search is valid unless another co-occupant is physically present and objects. Refusal to consent by co-occupant who is lawfully removed from premises does not prevent remaining co-occupant from giving consent to search.

SEARCH WARRANTS

People v. Castillo (2014) 228 Cal.App.4th 414, February 2015 LELR at p. 3. OK to detain occupants of premises during service of a search warrant. OK to ask occupants questions without a Miranda advisement and waiver unless they have been arrested.

SENTENCING

People v. Ebertowski (2014) 228 Cal.App.4th 1170, May 2015 LELR at p. 9. OK to get computer and electronic media passwords as a condition of probation.

SCHOOL SETTING – DISRUPTIVE STUDENT

In re J.C. (2014) 228 Cal.App.4th 1394, February 2015 LELR at p. 6. Student who causes a disturbance at school and resists an officer may be charged with resisting an officer and disturbing a public school.

SHOPLIFTING AND PROPOSITION 47

People v. Earl (1973) 29 Cal.App.3d 894 and People v. Rocha (2013) 221 Cal.App.4th 1385, April 2015 LELR at p. 13. Proving intent to steal in shoplifting cases.

TESTIFYING

Courtroom Demeanor and Testifying. November 2015 LELR Bonus at p. 18.

THEFT

People v. Acosta (2014) 226 Cal.App.4th 108, May 2015 LELR at p. 17. Theft of fixtures from foreclosed property is a violation of Penal Code section 502.5.

TRAFFIC

Velasquez v. Superior Court (2014) 227 Cal.App.4th 1471, February 2015 LELR at p. 14. Traffic laws, including DUI and reckless driving, apply to bicycles.

TRIAL RELATED CASES

United States v. Chadwell (9th Cir. 2015) 798 F.3d 910, December 2015 LELR at p. 12. OK for jurors, during deliberations, to watch a DVD of a car search previously shown in open court during the trial.

People v. Christensen (2014) 229 Cal.App.4th 781, November 2015 LELR at p.16. OK to excuse child molest victim from testifying at retrial.

People v. Chenault – (2014) 227 Cal.App.4th 1503, November 2015 LELR at p. 16. OK to have a support dog present during a child victim’s testimony.

People v. Salazar – (2014) 227 Cal.App.4th 1078, November 2015 LELR at p. 16. OK to reopen trial to permit additional argument to a hung jury.

United States v. De Jesus-Casteneda – (9th Cir. 2013) 705 F.3d 1117, November 2015 LELR at p. 16. OK for informant to testify at trial wearing a false mustache, sunglasses and a wig.

United States v. Paciano Lizarraga-Tirado– (9th Cir. 2013) 789 F.3d 1107, November 2015 LELR at p.16. Google Earth satellite image and a machine generated “tack” labeled with GPS coordinates are not hearsay and are admissible at trial.

People v. Leon – (2015) 61 Cal.4th 569, 601, November 2015 LELR at p.16. OK for officer to identify defendant as the man shown in a surveillance photo.

People v. Nguyen – (2015) 61 Cal.4th 1015, 1034-1035, November 2015 LELR at p. 17. Gang officer can testify at trial that it is common for persons present at gang crime scenes to claim “I was in the bathroom at the time” in order to avoid telling officers what they saw.

VEHICLE STOPS AND SEARCHES

Mullenix v. Luna (2015) 193 L Ed 2d 255, December 2015 LELR at p. 3. OK for officer to use gunfire to attempt to disable a fleeing car in a dangerous, high-speed pursuit situation. Officer fired six shots at engine but hit driver instead. Officer protected by “qualified immunity.”

People v. Brown (2015) 61 Cal.4th 968, September 2015 LELR at p. 3. Pulling behind a stopped vehicle and turning on emergency lights is a detention of the stopped vehicle. 911 report of a fight in progress with a loaded gun justifies detention of a vehicle driving from the scene of the fight.

United States v. Scott (9th Cir. 2012) 705 F.3d 410, July 2015 LELR at p. 6. An immediate – or a delayed – warrantless search on probable cause to believe evidence is in a vehicle is lawful.

Rodriguez v. United States (2015) 191 L Ed 2d 492, May 2015 LELR at p. 3. Can’t prolong a traffic stop to conduct a dog sniff for drugs.

United States v. Evans (9th Cir.2015) 786 F 3d 779, July 2015 LELR at p. 1. Can’t prolong traffic stops beyond time reasonably necessary to process the traffic violation unless independent grounds for extra time is shown. Follows Rodriguez, above.

Florida v. Harris (2013) 185 L Ed 2d 61, July 2015 LELR at p. 12. Drug alert by trained dog justifies an immediate vehicle search.

United States v. Arvizu (2002) 151 L Ed 2d 740, July 2015 at p. 19. Auto stop valid on “reasonable suspicion” of traffic violation or unlawful activity.

In re Arturo D. (2002) 27 Cal.4th 60, July 2015 LELR at p. 24. Police can search sun visors, glove box and under front seat when driver does not produce registration or driver’s license.

United States v. Burkett (9th Cir. 2010) 612 F.3d 1103, July 2015 at p. 30. Furtive movements justify pat down of passenger.

Navarette v. California (2014) 188 L Ed 2d 680, July 2015 LELR at p. 34. OK to traffic stop a car based upon an anonymous 911 caller’s report of erratic driving.

United States v. Smith (9th Cir. 2005) 389 F.3d 944, July 2015 LELR at p. 39. Search incident to arrest is valid if officers have probable cause to arrest even if they don’t tell person he or she is under arrest.

Arizona v. Johnson (2009) 172 L Ed 2d 694, July 2015 LELR at p. 41. OK to pat down an occupant reasonably believed to be armed regardless of reason for car stop. OK to order occupants to exit car.

People v. Vibanco (2009) 151 Cal.App.4th 1, July 2015 LELR at p. 48. Police can order the occupants of a lawfully stopped car to exit the car, to sit on the curb, or to remain in the car.

People v. Fitzpatrick (1970) 3 Cal.App.3d 824, July 2015 at p. 53. Odor of burnt marijuana in car or on driver gives probable cause to arrest driver and search car.

People v. Dowl (2013) 57 Cal.4th 1079, July 2015 LELR at p. 55. Medical marijuana prescription does not preclude prosecution for transportation and possession of marijuana for sale. Odor of burnt marijuana in lawfully stopped car gives probable cause to believe more marijuana is present.

Arizona v. Gant (2009) 173 L Ed 2d 485, July 2015 LELR at p. 8. Car search incident to arrest of occupant is limited.

United States v. Scott (9th Cir. 2012) 705 F.3d 410, July 2015 LELR at p. 6. An immediate – or a delayed – warrantless search on probable cause to believe evidence is in a vehicle is lawful.

In re Raymond C. (2008) 45 Cal.4th 303, May 2015 LELR Bonus Feature at p. 20. OK to stop a car if no rear plate and no temporary permit is visible to a following police car.

WITNESSES

People v. Kirvin (2014) 231 Cal.App.4th 1507, May 2015 LELR at p. 7. Each phone call attempting to dissuade a witness is a separate count.

INDEX TO VOLUME 38 (2014)
OF THE LAW ENFORCEMENT
LEGAL REPORTER (LELR)

354 Cases Every Peace Officer, Prosecutor and Judge Should Know. February 2014 LELR, entire issue.

ARREST

People v. Rios (1953) 46 Cal.2d 297, June 2014 LELR at Bonus p. 20. OK to arrest a person who admits the past commission of a crime. “From defendant’s admission that he had taken an injection of heroin two weeks before, it could be inferred that he had possessed heroin in violation of [then] Health and Safety Code section 11500.” 46 Cal.2d at p. 298.

People v. Burton (2013) 219 Cal.Ap.4th Supp. 9, May 2014 LELR at p. 2. Officers may arrest for a misdemeanor not committed in their presence so long as they have probable cause for the arrest.

People v. Adams (1985) 175 Cal.App.3d 855, March 2014 LELR at p. 7. Search valid as incident to an arrest when officer had probable cause to arrest even though he characterized his stop as a detention. “The fact defendant was not formally arrested until after the search does not invalidate the search if probable cause to arrest existed prior to the search and the search was substantially contemporaneous with the arrest.” 175 Cal.App.3d at p. 861.

BURGLARY

In re Gary F. (2014) 226 Cal.App.4th 1076, October 2014 LELR at p. 8. Outside lookout is guilty of residential burglary as an aider and abettor.

People v. Tessman (2014) 223 Cal.App.4th 1293, September 2014 at p. 3. A “for sale open house” is an inhabited dwelling. Entering a pawnshop to sell stolen goods is a burglary.

People v. Harris (2014) 224 Cal.App.4th 86, August 2014 LELR at p. 7. Attached garage is part of a residence even if no connecting door. “Occupant present” allegation applies even if burglar enters only the garage if an occupant is present in the residence. “There is no requirement of an interior connecting door before a room such as a garage may be treated as part of a residence. A garage sharing a roof and a wall with a residence is part of an inhabited dwelling even though there is no interior access. This is true even for multiunit structures.” 224 Cal.App.4th 86, interior cites omitted.

People v. Rocha (2013) 221 Cal.App.4th 1385, June 2014 LELR at p. 9. OK to introduce evidence of prior burglaries in present burglary case to show intent to steal. Many case examples given.

In re O.D. (2013) 221 Cal.App.4th 1001, April 2014 LELR at p. 20. A single fingerprint of defendant on window of burgled premises is sufficient for a burglary conviction. “Several cases have held that evidence of a fingerprint, palm print, or footprint left inside a structure or at a point of unusual access is alone sufficient to support a burglary conviction.” 221 Cal.App.4th at p. 1010.

CARJACKING

People v. Lipsett (2014) 223 Cal.App.4th 1060, June 2014 LELR at p. 2. Carjacking includes motorcycles.

CELL PHONE SEARCH

Riley v. California (2014) 189 L Ed 2d 430, August 2014 LELR at p. 3. Officers must obtain a search warrant to access the contents of a cell phone found on an arrestee. Exigent circumstances and consent exceptions apply.

CHILD ENDANGERMENT

People v. Valdez (2002) 27 Cal.4th 778, August 2014 LELR at p. 19. Leaving a child unattended in a closed car on a hot day is child endangerment - - PC 273a, subd.(a). If child dies, it is manslaughter – PC 192, subd.(b).

CRIMINAL THREATS

People v. Chandler (2014) 60 Cal.4th 508, October 2014 LELR at p. 13. Attempted criminal threats is a crime.

People v. Lipsett (2014) 223 Cal.App.4th 1060, June 2014 LELR at p. 2. Yelling “shoot him, shoot him” to accomplice during motorcycle carjacking when victim is resisting is a criminal threat.

DEADLY WEAPONS

People v. Brown (2014) 227 Cal.Ap.4th 451. November 2014 LELR at p. 14. Possession of a shotgun under 26 inches overall length is unlawful even if kept in personal residence.

DETENTION

United States v. Edwards (9th Cir. 2014) 761 F.3d 977, December 2014 LELR at p. 3. An anonymous 911 call justifies detention and patdown when contemporaneously reporting gunshots by a described suspect at a described location.

In re Frank V. (1991) 233 Cal.App.3d 1232, September 2014 LELR Bonus at p. 20. OK to order persons to show their hands during police contact.

People v. Turner (2013) 219 Cal.App.4th 151, April 2014 LELR at p. 13. OK to detain a man who threatened a high school coach and was said to be carrying a gun.

People v. Barnes (2013) 216 Cal.App.4th 1508, January 2014 LELR at p. 6. OK to use GPS tracking of stolen cellphone to locate and detain a suspected robbery. “The officers could certainly infer a reasonable possibility that if they could locate the phone they would also locate the robber.” 216 Cal.App.4th at p. 1520.

DETENTION AND DEMAND FOR IDENTIFICATION

Hiibel v. Sixth Judicial District of Nevada (2004) 542 U.S. 177, 159 L Ed 2d 292, November 2014 LELR at p. 3. Lawfully detained person must give name if relevant to circumstances of detention. Refusal to give name is violation of PC 148.

Tsao v. Desert Palace (9th Cir. 2014) 698 F.3d 1128, November 2014 LELR at p. 9. Lawfully detained person must give name if relevant to circumstances of detention. Refusal to give name is violation of PC 148.

DRIVING UNDER THE INFLUENCE

Hoberman-Kelly v. Valverde (2013) 213 Cal.App.4th 626, July 2014 LELR at p. 15. “Mechanical reading” of blood test admonition is insufficient. DUI arrestee clearly did not understand it.

People v. Vangelder (2013) 58 Cal.4th 1, January 2014 LELR at p. 16. Defense expert cannot testify as to partition ratio or inherent unreliability of Breathalyzer machine as to 23152(b) charge.

EVIDENCE

People v. Hajek and Vo (2014) 58 Cal.4th 1144, September 2014 LELR at p. 12. Tape recording of defendants’ conversation after arrest is admissible at trial even though portions of the recording are inaudible and unintelligible.

FELON WITH BODY ARMOR

In re Perdue (2013) 221 Cal.App.4th 1070, June 2014 LELR at p. 14. Felon in possession of body armor is a valid charge. Body armor is “any bullet resistant material intended to provide ballistic and trauma protection for the person wearing the body armor.” PC 31360 and PC 16288. This includes “hillbilly armor.”

GASSING

In re A.M. (2014) 225 Cal.App.4th 1075, September 2014 LELR at p. 6. “Gassing” – Penal Code section 243.9. Gassing includes spitting.

MIRANDA/CONFESSIONS

People v. McCurdy (2014) 59 Cal.4th 1064, December 2014 LELR at p. 7. Invocation of Miranda rights must be unequivocal. Officers may interrogate a suspect who invoked his Miranda rights but then reinitiates conversation with officers.

People v. Tom (2014) 59 Cal.4th 1210, October 2014 LELR at p. 5. Post-arrest, pre-Miranda silence may be admissible at trial as evidence of guilt. Suspect spoke of many things but did not ask about victims of car crash.

People v. Hajek and Vo (2014) 58 Cal.4th 1144, September 2014 LELR at p. 12. Tape recording of defendants’ conversation after arrest is admissible at trial even though portions of the recording are inaudible and unintelligible.

Hernandez v. Holland (9th Cir. 2014) 750 F.3d 843, September 2014 LELR at p. 9. Volunteered incriminating statements by defendant to court bailiff during trial is admissible at trial.

People v. Duff (2014) 58 Cal.4th 527, July 2014 LELR at p. 7. Officers may clarify initial possible invocation of Miranda rights. New advisement not necessary for second reasonably contemporaneous interview. Suggested advisement set forth.

People v. Davidson (2013) 221 Cal.App.4th 966, March 2014 LELR at p. 2. Brief on the scene questions do not require a Miranda admonishment. “Handcuffing a suspect during an investigative detention does not automatically make it a custodial interrogation for purposes of Miranda.” 221 Cal.App.4th at p. 972.

United States v. Botello-Rosales (9th Cir. 2013) 728 F.3d 865, January 2014 LELR at p. 2. Read Spanish language Miranda admonition off a card. Introduce the card into evidence in court. This will prevent possible mistranslation in court.

United States v. Clymer (9th Cir. 2013) 52 Fed.Appx 354, January 2014 LELR at p. 4. Context of interrogation showed suspect was in custody despite officers saying, “You’re not under arrest.”

In re Kenneth S. (2005) 133 Cal.App.4th 54, January 2014 LELR Bonus at p. 19. Miranda does not apply if the suspect is told he is free to go. “But even a clear statement from an officer that the person under interrogation is a suspect is not, in itself, dispositive of the custody issue.” 133 Cal.App.4th at p. 64.

MISDEMEANORS

People v. Burton (2013) 219 Cal.Ap.4th Supp. 9, May 2014 LELR at p. 2. Officers may arrest for a misdemeanor not committed in their presence so long as they have probable cause for the arrest

NARCOTICS

People v. Bautista (2014) 223 Cal.App.4th 1096, June 2014 LELR at p. 6. 10.33 grams of heroin can be charged as possession for sale.

PAROLE VIOLATION

United States v. Hilger (9th Cir. 2013) 728 F.3d 947, January 2014 LELR at p. 10. An uncorroborated confession alone is a sufficient basis for a parole – or probation – violation. Parole and probation violations need be shown by a preponderance of evidence only, not by proof beyond a reasonable doubt.

POLICE USE OF DEADLY FORCE

Case law regarding police use of deadly force against a fleeing felon. September 2014 LELR at p. 15.

PRELIMINARY HEARINGS

Sims v. Superior Court (1993) 18 Cal.App.4th 463, January 2014 LELR at p. 13. Non-sworn officer can offer hearsay testimony at preliminary hearings. See also Penal Code section 872, subd.(c).

RESISTING AN OFFICER

People v. Bernal (2013) 222 Cal.App.4th 512, May 2014 LELR at p. 7. Attempting to escape from an officer by forcibly pulling away from him is a violation of Penal Code section 69. Penal Code section 69 and Penal Code section 148 distinguished.

ROBBERY

People v. Burns (2009) 172 Cal.App.4th 1251, March 2014 LELR at p. 18. Purse snatch can be a robbery. “In this case, [defendant Burns] came up to [victim] and grabbed the purse she was holding; she tried to hold onto it but his strength and his act in stepping on her foot overcame her resistance, and he got away with the purse. That was robbery. . .” 172 Cal.App.4th at p. 1259.

SCHOOL SEARCHES

In re J. D. (2014) 225 Cal.App.4th 709. October 2014 LELR at p. 16. OK to search school lockers on report of gun use by student near campus.

New Jersey v. T.L.O. (1985) 469 U.S. 325, October 2014 Bonus at pp. 21 and 25. School search valid based upon reasonable suspicion search will turn up evidence of violation of law or rules of school. Exclusionary rule does not apply to school searches by school authorities including school police.

In re K.S. (2010) 183 Cal.App.4th 72. October 2014 LELR at p. 28. School official can search on reasonable suspicion even if a peace officer is present.

SEARCH AND SEIZURE

People v. Bryant, Smith and Wheeler (2014) 60 Cal.4th 335, November 2014 LELR at p. 17. Defendant must show “standing” to object to a search. Disclaimer of ownership negates standing.

In re Frank V. (1991) 233 Cal.App.3d 1232, September 2014 LELR Bonus at p. 20. OK to order persons to show their hands during police contact.

United States v. King (9th Cir. 2013) 736 F.3d 805, April 2014 LELR at p. 9. Suspicionless search of suspect with a probation consent search condition is valid. This decision supersedes the prior decision in this case appearing in the September 2013 LELR.

Fernandez v. California (2014) 188 L Ed 2d 25, April 2014 LELR at p. 2. Co-occupant’s consent search is valid unless another co-occupant is present and objects. Many consent search cases discussed. This decision supersedes and reverses the prior decision on this case appearing in the January 2013 LELR.

Georgia v. Randolph (2006) 164 L Ed 2d 208, April 2014 LELR Bonus at p. 24. Consent search cannot be conducted if co-occupant who is present objects. Many exceptions.

People v. Adams (1985) 175 Cal.App.3d 855, March 2014 LELR at p. 7. Search valid as incident to an arrest when officer had probable cause to arrest even though he characterized his stop as a detention. “The fact defendant was not formally arrested until after the search does not invalidate the search if probable cause to arrest existed prior to the search and the search was substantially contemporaneous with the arrest.” 175 Cal.App.3d at p. 861.

United States v. Tosti (9th Cir. 2013) 733 F.3d 817, March 2014 LELR at p. 11. OK for officers to view pornography found by computer repairman. Wife can give consent to search home computer shared with husband. “It is well established that a person with common authority over property can consent to a search of that property without the permission of the other persons with whom he shares that authority.” 733 F.3d at p. 823. But if other person is present and denies consent to search, then a warrantless consent search cannot be conducted.

Patel v. City of Los Angeles (9th Cir. 2013) 738 F.3d 1058, March 2014 LELR at p. 14. Officers must obtain consent to inspect hotel guest register. Exigent circumstances exception can apply – such as hot pursuit of dangerous fleeing felon. This decision supersedes and reverses prior decision on this case summarized in the October 2012 LELR.

People v. Barnes (2013) 216 Cal.App.4th 1509, March 2014 LELR at p. 17. A defendant has no standing to object to the search of stolen property in his possession.

SEARCH WARRANTS

People v. Carrington (2009) 47 Cal.4th 145, November 2014 LELR at p. 22. Four principles of search warrant preparation and execution set forth. Probable cause to believe suspect committed a felony gives probable cause for a search warrant for his residence for fruits, evidence and instrumentalities of the felony.

People v. Bryant, Smith and Wheeler (2014) 60 Cal.4th 335, November 2014 LELR at p. 17. Evidence of a murder is likely to be at suspect’s residence despite passage of one month. Warrant not “stale.”

Search Warrant for Deadly Weapon in Possession of a W & I Code section 5150 Detainee. Officers may obtain a search warrant for firearms and other deadly weapons in possession of a W & I Code section 5150 detainee. See Penal Code section 1524, subd.(a)(10). September 2014 LELR at p. 19.

TAMPERING WITH A CONSUMER PRODUCT

United States v. Lyle (9th Cir. 2014) 742 F.3d 434, June 2014 LELR at p. 17. Opening a box and removing product from it and then closing and regluing the now empty box and placing it back on the store shelf for sale is “tampering with a consumer product” in violation of 18 U.S. Code section 1365(a) when doing so places another person in danger of bodily injury.

TERRORIST ACTS

Terrorist Acts within the United States: The rules of detention and search and seizure would likely be relaxed in situations involving threats of terrorism and acts of terrorism. October 2014 LELR at p. 3.

THEFT

People v. Whitmer (2014) 59 Cal.4th 733, October 2014 LELR at p. 11. Multiple acts of theft can be charged as separate thefts even if pursuant to a single plan. Overrules contrary Court of Appeal cases.

TRAFFIC STOPS

People v. Goldsmith (2014) 59 Cal.4th 258 and People v. Gray (2014) 58 Cal.4th 901, September 2014 LELR at p.18. Red light camera tickets are lawful.

People v. Suff (2014) 58 Cal.4th 1013, August 2014 LELR at p. 14. Car stopped at red light must signal before turning if another car is behind it. Also - “Both the approach for a right-hand turn and a right-hand turn shall be made as close as practicable to the right-hand curb or edge of the roadway.. . .” VC 22100, subd.(a).

VEHICLE PURSUITS

Plumhoff v. Rickard (2014) 188 L Ed 2d 1956, July 2014 LELR at p. 2. Officers may shoot fleeing dangerous driver. “A police officer’s attempt to terminate a dangerous high-speed chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death.” Slip Opinion at pp. 9-10. “Under the circumstances at the moment when the shots were fired, all that a reasonable police officer could have concluded was that Rickard was intent on resuming his flight and that, if he was allowed to do so, he would once again pose a deadly threat for others on the road.” Slip Opinion at p. 10. See also Scott v. Harris, below.

Scott v. Harris (2007) 167 L Ed 2d 686, July 2014 LELR at Bonus p. 24. OK to ram fleeing car in a dangerous high speed pursuit.

VEHICLE STOPS AND SEARCHES

People v. Suff (2014) 58 Cal.4th 1013, August 2014 LELR at p. 14. Car stopped at red light must signal before during if another car is behind it. Also - “Both the approach for a right-hand turn and a right-hand turn shall be made as close as practicable to the right-hand curb or edge of the roadway.. . .” VC 22100, subd.(a).

People v. Waxler (2014) 224 Cal.App.4th 712, August 2014 LELR at p. 10. OK to search a car based upon a burnt marijuana odor despite driver having a marijuana prescription card. See also People v. Strasburg, below.

People v. Strasburg (2007) 148 Cal.App.4th 1052, August 2014 LELR at Bonus p. 20. OK to search a car based upon the odor of burning marijuana despite driver having a medical marijuana card. “An officer with probable cause to search is not prevented from doing so by someone presenting a medical marijuana card or a marijuana prescription. Given the probable cause here, the officer is entitled to continue to search and investigate, and determine whether the subject of the investigation is in fact possessing the marijuana for personal medical needs, and is adhering to the eight-ounce limit on possession.” 148 Cal.App.4th at p. 1060.

Green v. San Francisco Police Department (9th Cir. 2014) 751 F.3d 1039, July 2014 LELR at p. 21. Car stop based solely upon an Automatic License Plate Reader (ALPR) hit was unreasonable. Must verify license plate read was correctly by the ALPR and the car is stolen. Exigent circumstances exception can apply.

Navarette v. California (2014) 188 L Ed 2d 680, May 2014 LELR at p. 12. OK to traffic stop a car based upon an anonymous 911 caller’s report of an erratic driver. See also People v. Wells, below.

People v. Wells (2006) 38 Cal.4th 1078, May 2014 Bonus at p. 17. OK to traffic stop a car based upon an anonymous call reporting erratic driving. Officer need not see erratic driving himself. See also Lowry v. Gutierrez (2005) 129 Cal.App.4th 926, appearing in the October 2005 LELR. (end)

 

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