Fourth Waiver Searches of Vehicles
Using a passenger’s Fourth Waiver as justification for a vehicle search requires a balancing of the likelihood that contraband was secreted in the area searched with the vehicle owner’s privacy interests.
Talking an In-Custody Suspect into Changing his Mind Concerning a Prior Invocation
Once an in-custody suspect invokes his Miranda rights, it is improper for a police interrogator to say anything that could be interpreted as “badgering” the suspect into changing his mind.
Disturbing the Peace and Refusing to Identify
Yelling at a person while calling them names constitutes a violation of Pen. Code § 415(2); Disturbing the Peace. A detainee refusing to identify himself to a peace officer may be a violation of Pen. Code § 148(a)(1).
Prolonged Detentions and Franks Hearings
A detention during a traffic stop lawfully includes the time it takes an officer to complete the mission of the traffic stop. A hearing to challenge material omissions in a search warrant requires the defendant to first make a substantial…
Using a roadblock to stop a fleeing suspect is a Fourth Amendment seizure of the person
A roadblock used to stop a fleeing motorist (or bicyclist) constitutes a use of force and a Fourth Amendment seizure. Depending upon an evaluation of the totality of the circumstances, using a roadblock in such a manner may or may not involve an…