Can You Reuse Evidence Gathered by a Different Agency’s Case in Your Case?

From the DA’s Desk
The Reuse of Evidence Lawfully Obtained by Law Enforcement
By Robert Phillips
Deputy District Attorney (ret.)
Issue
Law enforcement’s reuse of evidence legally obtained: lawful or not?
Background
I’m periodically asked…

Legislative Update: State Lawmaker Proposes Old LWOP Cases Be Eligible for Recall and Resentencing
Legislative Update
By Raymond Hill
Professor Emeritus, Santa Rosa Junior College
Legal Issues
Recall and resentencing of convicted life without parole (special circumstances murder) offenders (SB 94, Dave Cortese (D) Santa Clara, 1170.02 &…

Can You Serve a Misdemeanor Warrant at Night if it’s Not OK’d for Night Service?
From the Classroom
By Ray Hill
Professor Emeritus, Santa Rosa Junior College
Question:
“Can a police officer in California legally serve a misdemeanor warrant not endorsed for night service inside a residence after 10 p.m., even if the officers…

From the Classroom: Demonstrating Your Experience and Beat Knowledge Can Be Crucial
By Raymond Hill
Professor Emeritus, Santa Rosa Junior College
“Beat Knowledge and Crimes at 24-Hour Gas Stations and Convenience Stores”
Greater San Francisco Bay Area news outlets have recently reported on several crimes at 24-hour gas…

From the Classroom: What is the “flight, plus” rule and what does it mean to a detention or arrest?
From the Classroom
By Raymond Hill
Professor Emeritus, Santa Rosa Junior College
The “Flight, Plus Rule”
It’s 0130 hours. You are on patrol in a residential neighborhood. You see a subject looking into a parked vehicle in a private…

Recent Law Enforcement-Related Bills in the Legislature: Canines, Consent Searches and Pretext Stops
2023 Legislative Update
By Ray Hill
Professor Emeritus, Santa Rosa Junior College
Lawmakers have introduced several bills in this year’s legislative session that could have an impact on day-to-day law enforcement operations. With advocacy from…

Second Amendment Update; Civil Liability of Firearms Manufacturers & Dealers:
By Robert Phillips
Deputy District Attorney (Ret).
Set to go into effect on July 1, 2023, is new California Civil Code §§ 3273.50 to 3273.55 (AB 1594), authored by Assembly Member Phil Ting (D-San Francisco). The meat of this new legislation is…

From the Classroom: The Opinion Evidence Rule and its Role in Criminal Investigations (Part II of II)
From the Classroom: The Opinion Evidence Rule and Criminal Investigations – Part II
By Ray Hill
Professor Emeritus, Santa Rosa Junior College
This is the eleventh in a series of bulletins covering the California Evidence Code and criminal…

From the Classroom: The Opinion Evidence Rule and its Role in Criminal Investigations (Part I of II)
From the Classroom: The Opinion Evidence Rule and Criminal Investigations – Part I
By Ray Hill
Professor Emeritus, Santa Rosa Junior College
This is the tenth in a series of bulletins covering the California Evidence Code and criminal…

The Hearsay Evidence Rule and dying declarations – important final statements for use later in court
From the Classroom: The Hearsay Evidence Rule – Dying Declarations
By Ray Hill
Professor Emeritus, Santa Rosa Junior College
“O! But they say the tongues of dying men enforce attention like deep harmony: Where words are scarce, they are seldom…