Scenario: Gang member appears to stash gun under the seat of the defendant’s car. Traffic stop search finds no gun in passenger compartment. A search of the trunk yields a gun. Will your search hold up in court?

A new appeals court ruling delves into the details of a pretext traffic stop that involved tinted windows, three gang members, pat downs and the discovery of illegal concealed weapons. Did the stop pass the sniff test?

Officers pull up near a car, suspecting illegal marijuana use, and begin detaining the occupants. A minor sitting nearby runs, is caught and a gun found. Is there probable cause to arrest him? Did he have the right to exercise his freedom to not…

We discuss the emerging legal guidance around geofence warrants – those seeking location and other data from cellphones within a virtual fence around a physical location – and what you need to show a judge to have an affidavit granted, and to have…

In this Case Alert, we discuss a July 2023 appeals court decision that reaffirms the legal definition of the word “from” in the context of P.C. 26100, discharging a firearm from a motor vehicle. Spoiler alert: It doesn’t have to be “from inside” the…