“Present Ability” to Commit Serious Bodily Injury is an Essential Element in the Crime of Assault - Despite Physical Limitations, the Defendant Had the “Present Ability” to Commit Assault
It remains a crime for convicted felons or own or possess firearms or ammunition, despite the “right to bear Arms” protections of the Second Amendment.
Conviction Reversed due to Insufficient Evidence the Defendant Saw or Heard Emergency Lights and Siren for the Purposes of Evading an Officer Causing Serious Bodily Injury (2800.3 V.C.)
Warning a resisting suspect that deadly force is about to be used is an element of the ultimate determination of the reasonableness of an officer’s use of deadly force.
Geofence warrants are lawful so long as in compliance with these rules, and while limiting an investigator’s unfettered discretion in deciding whose electronic device to search.