Free Speech, the First Amendment, and Time, Place and Manner Restrictions in Public Spaces
Free Speech Nuances: Whether a person may exercise his or her First Amendment free speech or California Speech Clause rights at a specific location depends on whether the location at issue is a public forum.
Miranda Invocations and Waivers: Timing Is Important When a Suspect Talks After Waiving His Rights
What constitutes an invocation of one’s Miranda rights is different depending on whether that attempt to invoke happens at the beginning of questioning or after a waiver of those rights.
What’s the Standard for Knowing if a Suspect is Subject to a Fourth Amendment Waiver Search?
A law enforcement officer need only have probable cause to believe a person is on active parole before that person may be searched pursuant to a parole search condition. But be careful – arbitrary, capricious or harassing parole searches are…
Can you coerce a subject into allowing you to search his vehicle? When is consent voluntary – or not?
A person’s consent to allow officers to search his or her vehicle is not voluntary when the consent is the product of coercion. Threatening to tow the vehicle, where it would be illegal to do so, constitutes coercion.
Is Psychological Restraint Equal to Physical Force in Sex Assault Cases? A New Case Defines the Terms
In this Case Alert, we discuss a ruling in a sexual assault case in which the defendant abused multiple massage patients. While he claimed he didn’t use sufficient force to support the charges, the court ruled that psychological restraint does…