The lawful possession of marijuana in a vehicle, by itself, does not supply the necessary probable cause needed to allow for a search of that vehicle for more marijuana. A closed container of not more than 28.5 grams of marijuana in a vehicle, even though not sealed, is lawful for a person who is 21 years of age or older...
A bulge in a person’s clothing that may in a police officer’s training and experience be a concealed firearm, is sufficient reasonable suspicion to believe that the person is in illegal possession of a firearm, justifying that person’s detention for investigation.
A prosecutor has a duty under Brady v. Maryland to specifically inform defense counsel of the existence of records and/or reports which contain potentially impeaching information. The fact that such records and/or reports are made confidential by statute does not take precedence over the fact that they contain potentially ...
Dog scent trail evidence is admissible without the need to meet the foundational and reliability requirements as described in People v. Kelly (i.e., the “Kelly/Frye test”). Dog scent trailing evidence is admissible so long as a proper foundation is laid concerning the dog handler’s expertise, the present ability of the dog...
Federal habeas corpus relief is available only when the federal court finds that a state court’s rulings were either (1) contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, or (2) they were based on an unreasonable determination...
An officer’s objective and reasonable (i.e., in “good faith”) reliance upon a subsequently invalidated search warrant, unless the warrant is based on an affidavit so lacking in indicia of probable cause as to render official belief in the existence of probable cause entirely unreasonable, precludes the suppression of the...
A law enforcement officer may be civilly liable where the officer’s affirmative actions create or expose a plaintiff to an actual, particularized danger that he or she would not otherwise have faced, the resulting injury was foreseeable/ When a law enforcement officers will not be held civilly liable even when violating due...
Refusing to identify oneself to an officer who intends to write a citation to that person for an infraction offense violates P.C. § 148(a)(1): Resisting, obstructing, or delaying an officer in the performance of his or her duties.
Making a traffic stop on a vehicle based upon an officer’s knowledge that the owner’s driver’s license has been revoked is legal, even if it is unknown for sure who is driving the vehicle, at least in the absence other information that negates the inference that the driver of that vehicle is its registered owner.
