Attorney-Client Privilege: Potential Violations and Exceptions to the Rule

FROM THE CLASSROOM“The Attorney-Client Privilege and Criminal Investigations”
By Ray HillProfessor emeritus, Santa Rosa Junior College
This is second in a series of articles covering the California Evidence Code and criminal investigations. Let’s…

CASE ALERT: Clarity in New Ruling on Dissuading a Victim Access to a Phone
By Ray HillProfessor emeritus, Santa Rosa Junior College
Ruling
Defendant’s Act of Turning Off a Victim’s Cell Phone and Denying Her Access Supports a Conviction for Preventing or Dissuading a Victim from Reporting a Crime (136.1(b)(1) P.C.) (Peo. v…

HUSBAND/WIFE PRIVILEGES AND CRIMINAL INVESTIGATIONS
“FROM THE CLASSROOM”
By: Ray Hill, Professor Emeritus, Santa Rosa Junior College
Special Attention: Law Enforcement Officers
There are no crimes, corpus delicti, or punishments in the California Evidence Code. The E.C. contains the statutory rules…

Pretext Stops – The Law vs. Policy
"FROM THE CLASSROOM"By: Ray Hill, Professor Emeritus, SRJC
"Traffic Stop Leads To Gun, Drug Arrest" - by Press Democrat reporter Colin Atagie 11/16/2022. “A Santa Rosa traffic stop escalated to a cocaine investigation after a police officer found…

Urinating in Public is a Misdemeanor Under 370 P.C. / 372 P.C.; Arrest For The Wrong Crime Section Does Not Violate The Fourth Amendment as long as there is Probable Cause To Arrest For A Criminal Violation
FROM THE CLASSROOM By: Ray HillProfessor Emeritus, Santa Rosa J.C.
Urinating in Public is a Misdemeanor Under 370 P.C. / 372 P.C.
Arrest for the Wrong Crime Section Does Not Violate the Fourth Amendment as Long as There is Probable Cause to Arrest…

911 Calls and DUI Stops
“FROM THE CLASSROOM”By Ray Hill, Professor Emeritus, Santa Rosa Junior College
With the holiday season approaching, we typically see an increase in reports of suspected DUI's by 911 callers. This important bulletin clarifies best practices by…

Sixth Amendment Speedy Trial Rights and Misdemeanor Citations (Special Attention Prosecutors & Judicial Officers)
By Robert Phillips, Deputy District Attorney (Ret).
Among the rights the Sixth Amendment guarantees to a person accused in a criminal prosecution is the right to a speedy trial. However, this right does not extend to everyone, even if considered to…

Searches Incident to Arrest in a Vehicle – The Reasonable Suspicion Requirement
“FROM THE CLASSROOM”Ray Hill, Professor Emeritus, Santa Rosa Junior College
In the Spring of 2009, I was teaching the L.D. #16 - Search & Seizure block in the Basic Academy. The topic was “Searches Incident to Arrest in a Vehicle” under the long…

Chalking Tires as a Fourth Amendment Search
By Robert Phillips, Deputy District Attorney (Ret).
A couple of years ago, the federal Sixth Circuit Court of Appeal held that a city’s practice of chalking a person’s tires—done for the purpose of determining how long the vehicle is parked at a…

Miranda Update #13 – “Miranda and Civil Liability”
FROM THE CLASSROOMBy: Ray Hill, Professor Emeritus, Santa Rosa JC
“Its ‘402’ time, officer. Who wins, you or defense counsel”? Note: 402(b) E.C. – A pre-trial court hearing to determine the admissibility of an admission or confession.
Welcome aboard…