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 constitute duress and fear in such cases.
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 cooperate with a consensual encounter?
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 success in court.
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 vehicle.
In this article we discuss case law governing why a private citizen’s refusal to cooperate in an investigation does not provide an officer with probable cause to arrest or retaliate against them.
The Constitution entitles officers to use deadly force when a suspect points a firearm at them. But what if the gun is fake? In this Case Alert, we explore a recent appellate court decision that analyzes the issues surrounding a case with these facts.
The warrantless impoundment of a vehicle solely for unpaid parking citations violates the Fourth Amendment, with few exceptions. Violate this rule long enough and your day will come, our expert advises.
In this Case Alert, we discuss a June 2023 state Supreme Court ruling that explains how the deception of an intoxicated victim is similar to the level of force needed for a kidnapping charge involving a small child or someone with a mental impairment.
