In a significant ruling, the Third District Court of Appeal determined whether visible loose cannabis in a vehicle, despite being a legal amount, constitutes probable cause for further search. The court emphasized considering the totality of…

In a San Jose case, an appeals court reversed the trial court, ruling that deadly force against an armed man who posed no immediate threat violated his Fourth Amendment rights. The case underscores the need for clear commands and the principle that…

The Ninth Circuit recently took up the issue of using a jailhouse informant to gather information from a suspect who had already invoked their right to counsel. Miranda rulings over the years have explored this delicate balance, and we have a new…

In a recent San Bernardino case that clarifies important legal interpretations of the “asportation element” of kidnapping, the court ruled on whether moving a victim short distances in a home during a robbery meets the “substantial distance”…

An officer stops a car for illegally tinted windows. Teen driver is unlicensed and his 22-year-old passenger has a joint on his lap. Do you search the car? What’s your rationale? Is it legal since the passenger is 22? Is a joint an open container?…