LEGAL UPDATES BY DEPUTY D.A. ROBERT PHILLIPS

 

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2008 Archive

   DECEMBER 7, 2008

  • Illegal Detentions and Arrest Warrants
  • First Amendment Freedom of Expression
  • Detentions vs. Arrest and the Use of Handcuffs
  • Switchblade Knives and Dirks or Daggers
  • Patdowns and the Odor of Marijuana
  • Counterfeit Money and Renting a Motel Room

   NOVEMBER 26, 2008

  • Searches of Computers
  • Threatening an Illegal Detention
  • Searching a Vehicle Incident to Arrest
  • Impounding Vehicles After the Driver's Arrest
  • Parole Fourth Waivers per PC §3067(a)
  • Assaults
  • Search Warrants and a Motion to Traverse
  • Miranda, Beheler, and the Custodial Interrogation
  • Illegal Possession of Metal Knuckles per PC §12020(a)(1)

   NOVEMBER 10, 2008

  • Detention of a Motor Vehicle Passenger
  • Prolonged Detentions
  • Entry of a Residence Pursuant to the Emergency Aid Doctrine
  • Parole Searches; Containers Belonging to Another
  • Medical Marijuana

   OCTOBER 19, 2008

  • Bringing Weapons into a Jail, per PC §4574(a)
  • Illegal Lane Change, per VC 22107
  • Computers and Search Warrants
  • Switchblade Knives
  • Graffiti Implements
  • Observations from Outside the Curtilage of the Home
  • Detentions and Miranda
  • Frisks
  • Warrantless Vehicle Searches Based on Probable Cause
  • Abandoned property and Expectation of Privacy

  BONUS - Frequently Asked Questions about California's Cell Phone Law

   SEPTEMBER 28, 2008

  • Miranda; Anticipatory Invocations
  • Consensual Searches when a Cotenant Objects
  • Warrantless Intrusion into a Side Yard; Plain Sight Observations; Standing on Tiptoes
  • Residential Entries; Emergency Aid Doctrine
  • DUI Stops by a Non-Traffic Officer in an Unmarked Car
  • Patdown Searches

   AUGUST 24, 2008

  • Searches Incident to Arrest; Cell Phones
  • Sandclubs and Sandbags, per PC §12020(a)(1)
  • Consensual Searches During Prolonged Detentions
  • Towing and Impounding Vehicles
  • Children; Duty of a Parent to Protect
  • Robbery; Force During Escape

   JULY 30, 2008

  • Hearsay Statements of a Homicide Victim
  • First Amendment Freedom of Expression When Offensive to Others
  • Residential Burglary; Entry by an Estranged Husband
  • "Standing" When the Suspect Denies Ownership
  • Homicide; Provocative Act Theory
  • Drunk in Public, per PC §647(f)

   JUNE 16, 2008

  • Medical Marijuana; Possession of Over 8 Ounces, per H&S §11362.77
  • Medical Marijuana; Return of Marijuana to a Qualified Patient
  • Kidnapping for Purposes of a Sexual Offense, per PC §209(b)(1)
  • Residential Entries; Exigent Circumstances
  • Searches Incident to Arrest in a Residence
  • Traffic Stops; Illegible License Plates and VC §5201

   MAY 19, 2008

  • Arrests in Violation of a State Statute
  • Burglary; Breaking and Entering
  • Miranda; Jail Inmates and "Cat Out of the Bag"
  • Miranda; Functional Equivalent of an Interrogation
  • Residential Entries for a Non-Bookable Misdemeanor
  • Miranda; Invocation

   APRIL 21, 2008

  • Search and Seizure - 8th Edition

   APRIL 10, 2008

  • Air Fresheners in the Windshield, per VC §26708 (a)(2)
  • Detentions and Reasonable Suspicion
  • Peace Officers' Rights
  • Traffic Stops and Reasonable Suspicion
  • First Amendment Freedom of Expression, Trespassing, and Shopping Malls 
    (Bonus: First Amendment Expressive Activity)
  • Fourth Waiver Probation Searches Without Suspicion

   MARCH 12, 2008

  • Sexual Assault; Victim Unconscious of the Nature of the Act
  • Possession of a Completed Check; per PC §475c
  • Possession of a Weapon by an Inmate and Self-Defense
  • Residential Entry Serving a Misdemeanor Bench Warrant
  • Detentions; Spotlighting
  • Miranda; Equivocal Invocations and an Officer's Duty to Clarify

   FEBRUARY 5, 2008

  • Miranda; Ignoring an Attempted Invocation
  • Airport Searches as an Administrative Search
  • Arrests and Probable Cause
  • Search Warrants and Good Faith
  • Miranda; Asking for an Attorney
  • Arson; Burning Community Property

   JANUARY 1, 2008

  • New and Amended Statutes Edition

 




   
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