New Decision on Lawful Detention and What Constitutes Resisting, Delaying, Obstructing
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…
Geofence Warrants – Be Specific in Time, Location and Scope of What You’re Seeking
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…
When Does “From” Mean “From?” New Court Decision Reaffirms the Meaning of the Word
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…
Exploring a Citizen’s Refusal to Cooperate, Probable Cause to Arrest Them, Use of Force and Retaliation
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.
Is Deadly Force Reasonable When a Suspect is Pointing a Replica Firearm?
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…