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, 2012
- New and Amended Statutes for 2012
DECEMBER 27, 2011
- Use of Force; Pepper Spray and Batons
- Felony Hit and Run, per V.C. § 20001(a)
- Search Warrants; Material Misstatements and Omissions
- Prolonged Detentions
- Vehicle Searches and Probable Cause
DECEMBER 7, 2011
- Drug-Detection Dogs
- Child Molest and Pornography
- Arrests and Probable Cause
- Citizen Informants
- Miranda; Pre-Admonishment Questioning
- Interrogations; Offers of Leniency
- Interrogations; Coercion
- Miranda; Equivocal Attempts to Invoke
- Search Warrants and Probable Cause
- Search Warrants; Motion to Traverse
- Search Warrants; Identification of Victims
NOVEMBER 25, 2011
- Miranda; Custody and the Relevance of Age
- Administrative Jail Searches; Visitors
- Search of a Cell Phone Incident to Arrest
- Vehicle Inventory Searches and Department Procedures
- Detentions and Parking Tickets
- Consensual Searches
- Expectation of Privacy and Co-Ownership of the Item Searched
NOVEMBER 14, 2011
- Sixth Amendment Right to Confrontation
- Use of Safety Belts per V.C. § 27315(d)(1)
- The Internet and One’s Expectation of Privacy
- Search Warrant Exhibits and Incorporation
- Search Warrants and Irrelevant Typographical Errors
- P.C. § 1524.2 and Probable Cause for a Search Warrant
- Search Warrants and Stale Information
- Good Faith
- Arrests and Probable Cause
- Search Warrants; Omission of Material Facts
OCTOBER 22, 2011
- Assault Weapons and Retired Peace Officers
- Residential Entries and Standing
- Vehicle Stops and a Mistake of Law
- Residential Burglary
- Identity Theft, per P.C. § 530.5(a)
SEPTEMBER 20, 2011
- Vehicle Code Violations; Failing to Signal, per V.C. § 22107
- Search Warrants; Probable Cause in Child Pornography Cases
- Miranda; Booking Exception and Gang Affiliation Questions
- Residential Entries; Emergency Aid Doctrine
- Detentions in a Residence During a Probation Search
- Pat Down for Weapons
AUGUST 21, 2011
- DUI Checkpoints
- Assault with a Deadly Weapon per P.C. § 245(a)(1)
- Miranda; Non-Custodial Interrogations
- Detentions; Flight
- Miranda; Undoing Custody
JULY 24, 2011
- Miranda; Selective Invocation of Right to Silence
- Mental Patients and Firearms
- Officers’ Rights
- Traffic Stops and Detentions
- Use of Force
- Prolonged Detentions
- Consent to Search
JUNE 18, 2011
- Residential Entries
- Miranda; Minimizing the Importance of the Admonishment
- Interrogation Tactics and Voluntariness
- Detentions
- Miranda; Custody and the Public Safety Exception
- Consent to Search
- Curtilage in a Campground
MAY 12, 2011
- DUI; Driving the Motor Vehicle
- Search of a Vehicle’s SDM
- Medical Marijuana; Transportation
- Residential Entries
- Jail Strip Searches
MARCH 30, 2011
- Extended Border Searches
- Collective Knowledge Doctrine
- Observations from Beyond the Curtilage
- Use of Night Vision Goggles
- School Searches
- Detaining Mailed Packages
- Probable Cause to Arrest
FEBRUARY 14, 2011
- Searches of the Person Incident to Arrest
- Frisks for Weapons
- Use of Deadly Force
- Consensual Residential Entries and the Scope of the Consent
- Warrantless Testing of Abandoned DNA
JANUARY 2011
- 11th Annual Search & Seizure Update
JANUARY 1, 2011
- New and Amended Statutes for 2011
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