New Decision Rules on Constitutionality of Fixed-Camera Monitoring in Public
In a January appellate decision, the court compared the intrusiveness of fixed cameras throughout a city capturing public movements and cellphone and aerial surveillance compiled while tracking an individual’s movements over a length of time. Big…
New Case on Consent Searches When Tenants’ Wishes Conflict, and When a Suspect is “Present” to Object
A federal case decided in February delves into issues of conflicting consent to search a residence when tenants disagree, and perhaps more importantly, whether the one objecting is in the “immediate vicinity” of the residence for his objection to…
Detentions and Consent: When Do Legal Searches Turn Illegal, and Potential Evidence Suppressed? 
Officers park behind and approach a man talking on his phone in his car, illuminating him with their flashlights. After some casual conversation, they discover he’s on parole, search and find a gun. The trial court ruled one way, the appeals court…
DUI Blood Draws and Implied vs. Express Consent, a Complex Issue
Blood draws from a DUI suspect may be performed only after obtaining either a search warrant, a valid express consent, or under exigent circumstances with probable cause. The Vehicle Code’s implied consent provisions under V.C. § 23612(a)(5) do not…
New, Rare Case on Wiretaps, Prescription Databases, GPS Tracking Warrants and Wiretap Statutes
A Ninth Circuit Court of Appeal decision from Dec. 2023 brings us an interesting discussion of warrantless law enforcement use of prescription-drug databases, tracking warrants and what’s needed for a wiretap that will hold up in court.