LEGAL UPDATES BY DEPUTY D.A. ROBERT PHILLIPS

 

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2006 Archive

  DECEMBER 20, 2006

  • Sex With a Developmentally Disabled Victim
  • Dependant Adult Abuse, per PC 368(b)(1) & (f)4
  • The Exclusionary Rule; Fruit of the Poisonous Tree
  • Consent Searches, College Dorms, and Inevitable Discovery
  • Residential Entries; Welfare Checks

  DECEMBER 12, 2006

  • Sampson v. California; Probation Fourth Waiver Searches
  • Miranda; Volunteered Statements
  • Detentions (Vehicle Stop) and Pat Downs for Weapons
  • Metal Knuckles, per PC 12020(a)(1)
  • Torture, per PC 206
  • Residential Entries and Exigent Circumstances

  NOVEMBER 17, 2006

  • Miranda; Implied Waivers
  • Miranda; Volunteered Statements
  • Invocation of Rights as Evidence of Guilt
  • The Sixth Amendment and Deliberately Eliciting Incriminating Statements
  • Wiretap Authorizations
  • Denying Ownership in a Vehicle and Its Effects on One's Expectation of Privacy
  • Computer Searches in the Workplace
  • Protective Sweeps of a Residence

  NOVEMBER 7, 2006

  • Knock and Notice, per 844 PC
  • Invocation of Miranda
  • Dogs and Deadly Force
  • Trespassing on School Property, per 626.2 PC
  • Pat Downs for Weapons
  • Burglary of One's Own Residence

  OCTOBER 25, 2006

  • Assaults and Attempts
  • Pat Downs on a High School Campus
  • Child Pornography and Computers
  • Border Searches
  • Pretext Stops Based on a Civil Parking Violation
  • Residential Entries and Answering the Telephone
  • PC 803(g) Statute of Limitations Extensions
  • Impeachment with Statements Obtained in Violation of Miranda

  OCTOBER 4, 2006

  • New and Amended Statutes
  • Jail Body Cavity Searches
  • Attempted Murder and the Specific Intent to Kill
  • Consent Searches and the Right to Withdraw Consent

  SEPTEMBER 11, 2006

  • Detentions; Pedestrians in the Roadway and VC 21954(a)
  • Anonymous Information and Vehicle Stops
  • Fourth Waivers and Revocation of Parole
  • The Vienna Convention and Suppression of Evidence
  • Traffic Stops and the Detention of a Passenger
  • Traffic Stops and Temporary Operating Permits

  AUGUST 24, 2006

  • Vehicle Inventory Searches
  • Illegal Custodial Arrests for Misdemeanors and Infractions
  • Fourth Waivers and Residential Searches
  • Stalking When in Violation of a Court Order
  • Brady and Impeachment Evidence
  • Eluding a Peace Officer per VC 2800.1 et seq., and the Requirement of a "Distinctively Marked" Police Vehicle
  • Arrests; Probable Cause to Arrest, and Ramey/Payton

  JULY 31, 2006

  • Entry of a Residence; Exigent Circumstances
  • Child Endangerment, per PC 273a
  • Traffic Stops for Offenses Not Occurring in the Officers Presence
  • Miranda and "Custody"
  • Possession of a Short-Barreled Rifle, per PC 12022(a)(1)
  • Standing, and Rental Vehicles

  JUNE 23, 2006

  • Entry of a Residence; Exigent Circumstances
  • Child Endangerment, per PC 273a
  • Traffic Stops for Offenses Not Occurring in the Officers Presence
  • Miranda and "Custody"
  • Possession of a Short-Barreled Rifle, per PC 12022(a)(1)
  • Standing, and Rental Vehicles

  JUNE 7, 2006

  • DUI Arrests and Warrantless Residential Entries
  • Search Warrants; Computers as Dominion and Control Evidence
  • Self Defense; Elements
  • Fingerprint Evidence as the Product of an Illegal Arrest
  • Anonymous Tips and Detentions
  • Attempted Extortion

  MAY 11, 2006

  • Search Warrants; Sealing the Affidavit
  • Sex Registration and Equal Protection
  • Child Pornography; Probable Cause Justifying the Search of a Computer
  • Airport Searches; Secondary Screening
  • Search Warrants; The Anticipatory Search Warrant

  APRIL 26, 2006

  • Prostitution; Words Alone as "An Act in Furtherance Thereof"
  • Kidnapping; Defense of Consent
  • Violating the Implied Consent Law in a DUI Arrest
  • Miranda; Questioning an In-Custody Witness
  • Miranda; Voluntariness After Waiver
  • Urinating in Public as a Public Nuisance

  MARCH 30, 2006

  • Consent to Search; When a Tenant Objects
  • Miranda; Ignoring a Defendant's Attempt to Invoke
  • Search of a Residence; The "Emergency Aid" Doctrine
  • Miranda; The "Two-Step" Interrogation
  • Smuggling Controlled Substances into a Prison (or Jail)

  MARCH 3, 2006

  • Pretext Traffic Stops
  • Aranda/Bruton Sixth Amendment Confrontation and Spontaneous Statements
  • Robbery Grand Theft Person
  • Attempted Murder with Multiple Victims
  • Suspicionless Fourth Waiver Searches and Civil Liability
  • Searches Incident to Arrest

  JANUARY 31, 2006

  • Knock and Notice &Exigent Circumstances
  • Controlled Substances and Firearms
  • Extended Border Search Doctrine
  • Fourth Waiver Searches; Belatedly Discovered Conditions
  • Outstanding Arrest Warrants; Belatedly Discovered
  • Raw Investigative Notes; Discoverability
  • Robbery; “Force” and “Immediate Presence” during asportation

  JANUARY 1, 2006

  • New and Amended Statutes Edition

 




   
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