These legal updates are prepared as an ongoing service to the law enforcement community by retired Deputy District Attorney Robert Phillips, formerly of the San Diego County District Attorney's Office. 

   JANUARY 1, 2010

• New and Amended Statutes for 2010

   DECEMBER 31, 2009

• Child Abuse; Seizing Child Victims
• Residential Burglary; An Apartment Carport
• Miranda; Implied Waivers
• Searches Incident to Arrest in a Residence

   DECEMBER 8, 2009

• Brady Violations; Failing to Disclose Potentially Exculpatory Evidence
• Good Faith: Negligent Errors in Arrest Warrant Records Keeping
• Detentions and Reasonable Suspicion
• Patdowns for Weapons
• Detentions and Handcuffing
• Warrantless Searches of Vehicles Incident to Arrest
• Driving Under the Influence of Drugs

   NOVEMBER 24, 2009

• Search Warrants: The "Emergency" Exception
• Search Warrants: The "Exigency" Exception
• Citizen’s Arrest Without Probable Cause; the Officer’s Civil Liability
• Arrests: Excessive Force and the Use of Firearms
• Fourth Wavier Searches and Detention of Third Parties
• Fourth Waivers and Public Strip Searches
• Warrantless Entries into Private Areas Based on a Perceived Emergency

   NOVEMBER 5, 2009

• Public Place; A Residential Front Yard
• Search Warrants; Mistakes in the Warrant
• Computers; Probable Cause for Seizure and Search
• Custody; Interrogations in the Home
• Warrantless Arrests in the Home During Execution of a Search Warrant
• P.C. §273(a); Child Endangerment
• P.C. §246; Shooting at an Occupied Dwelling From the Inside
• Anonymous Tips and Reasonable Suspicion to Detain
• Proving the Source of the Information in a Radio Call
• Unlawful Detentions and Subsequent Criminal Acts
• Protective Sweeps of a Residence

   OCTOBER 29, 2009

• Vehicle Burglary
• P.C. §626.10(a); Knives on School Campuses
• Patdowns and Reasonable Suspicion
• Container Searches and Expectation of Privacy
• Consent Searches and Coercion
• Consent Searches by a Cotenant
• The Community Caretaking Function and Traffic Stops

   SEPTEMBER 20, 2009

• Search Warrants for Computer Information
• Miranda; Internal Investigations of Public Employees
• Probationary Fourth Waiver Searches
• Miranda; Tape Recording and Interrogation, Invocations, Rescue Doctrine, Fruit of the Poisonous Tree, Offers of Leniency, Deceptions During an Interrogation

   AUGUST 13, 2009

• Parole Searches and Harassment
• Pandering, per P.C. § 266i(a)(2)
• Standing, as it Applies to One’s Residence
• Standing, as it Applies to a Large Business
• Search Warrants; Overbreadth, Incorporation, Copies at the Scene, Good Faith, and Consent Obtained as the Product of an Unlawful Search Warrant
• Attempting to Manufacture Dope

   JUNE 11, 2009

• Search Warrants; Document Retentions and Loss of the Affidavit
• Detentions, Patdowns, Arrests and the Impounding of Vehicles
• Miranda; The Non-Custodial Interrogation
• Grand Theft from the Person; Per PC §487(c)
• Aggravated Mayhem, per PC §205

   JUNE 1, 2009

• Sixth Amendment; After-Arraignment Contacts with Defendants
• Interrogations; Use of a Ruse
• Miranda; Minimizing the Importance of the Admonishment
• Interrogation Tactics and Voluntariness

   MAY 8, 2009

• Traffic Stops; Detention of the Passengers
• Searches of Vehicles Incident to Arrest
• Vehicle Code Equipment Violations; Circumstantial Evidence of a Violation
• Traffic Stops; Prolonged Detentions
• Traffic Stops; Temporary Operating Permits, Part I
• Traffic Stops; Temporary Operating Permits, Part II

   APRIL 1, 2009

• Consent; Voluntariness in the Face of an Assertion of Authority
• Terminating a Voluntary Interview as Evidence of Guilt
• Assertion of the Right to Silence Before Custody
• Barricaded Suspects and the Need for Arrest Warrants
• Using a Ruse to Enter a Residence
• Mental Patients and Residential Searches
• Handcuffs and Detentions

   MARCH 6, 2009

• An Officer's Expertise and Probable Cause for a Search Warrant
• Stopping at a Stop Sign, per VC §22450
• Search Warrants and Computers
• Abandonment of a Motel Room and Expectation of Privacy
• Border Searches and Computers

   FEBRUARY 23, 2009

• Search and Seizure - 9th Edition

   JANUARY 30, 2009

• Patdowns for Weapons
• Interrogations and Voluntariness
• Impounding Vehicles Under VC §14602.6(a)(1) as a Discretionary Duty
• Private Citizens as Agents of Law Enforcement
• Law Enforcement Viewing Containers Already Opened by a Private Citizen

   JANUARY 1, 2009

• New and Amended Statutes for 2009