Requiring a parolee to use a thumbprint to access their phone is lawful and does not breach Fifth Amendment rights. This practice is permitted under parole conditions. The court also ruled that the legality of a "security sweep" before a search warrant does not impact the warrant’s probable cause, as long as the sweep ...
The Third District Court of Appeal determined that searching a vehicle without probable cause is illegal. Additionally, once reasonable suspicion of criminal activity dissipates following the arrest of one group member, all other members must be released.
A new ruling defines the scope of resisting arrest by force or violence under 69(a) P.C. A defendant's threat with an unloaded handgun led to conviction, showcasing legal interpretations and officer restraint.
Learn about the contentious legality of inventory searches when an arrestee is released without booking. Dive into the pivotal case of United States v. Sapalasan (9th Cir. Apr. 1, 2024) and its implications on police procedures and individual rights.
In our continuing discussion of the use of deadly force, qualified immunity and civil liability of municipalities, we examine a recent appeals court ruling in a Los Angeles shooting in which an officer fired multiple volleys of shots as an armed subject approached, but was still more than 40 feet away.
Recent appeals court ruling highlights the criteria officers need to consider when approaching someone in what may become a detention instead of a consensual chat. Rule of thumb: in the totality of the circumstances, would a reasonable person believe they are free to leave?
Questions asked during a lawful traffic stop in the normal time it takes to issue a citation do not unlawfully prolong the traffic stop, while placing an undercover officer in a suspect’s jail cell to record the suspect’s incriminating statements is lawful.
While lawful possession of marijuana in a vehicle doesn’t provide probable cause for a search, unlawful possession does. In this case, the driver was a minor, and it is unlawful for him to have any amount of recreational marijuana. So, is the passenger’s blunt a “container” in the legal sense?
A new decision just out this year determines that prior acts of domestic violence can be admitted as predisposition evidence, and, importantly, may be proven by certified court records rather than through the in-court testimony of a victim.
An appeal decided in March 2024 argued that the word “vehicles” only means multiple vehicles. The defendant claimed since his case only involved a single stolen vehicle, the law didn’t apply. Novel argument – but sometimes those work. What do you think the judges ruled?
