In Landmark Case, 9th Circuit Rules Against Use of Deadly Force on Non-Threatening Armed Person
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…
Does it Violate Miranda to Have an Informant Question Suspect After He’s Invoked the Right to Counsel?
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…
Court Rules Short Movements During Robbery Not Enough for Kidnapping Conviction; Defendant Wins Appeal
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”…
Marijuana Case Brings Clarity on Open Containers in Vehicles and Whether a Warrantless Search is Lawful
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?…
Ninth Circuit ruling limits Use of Deadly Force Immunity in a Knee to the Neck and Back Case.
The Ninth Circuit Court of Appeals affirmed in part and reversed in part in a 2024 Las Vegas case where an obviously mentally ill man died after officers used their body weight on his neck and back to subdue him.