Trial by Zoom - Special Attention Judges & Trial Attorneys
By Robert Phillips, Deputy District Attorney (Ret)
Trial by Zoom: Ahhh . . . , the wonders of modern technology. In this era of everyone’s possible exposure to COVID-19, and considering the nature of jury trials where judges, attorneys, defendants…
Using the Wrong Pronoun at Trial and Prosecutorial Misconduct (Special Attention Prosecutors)
By Robert Phillips, Deputy District Attorney (Ret).
A prosecutor’s failure to use the pronoun with which a defendant chooses to identify (i.e., “misgendering”) constitutes prosecutorial misconduct.
“Misgendering:” The word of the day, particularly…
Law Enforcement Quotas
By Robert Phillips, Deputy District Attorney (Ret).
Except for Vehicle Code violations, citizen contact quotas are not illegal in California even though probably not a good idea.
I’ve recently heard rumors concerning various California law…
George Gascón’s “Special Directives” as they relate to the pleading and proving of sentencing enhancements and allegations are illegal and unenforceable.
By Robert Phillips, Deputy District Attorney (Ret).
LA DA George Gascón and the Demise of his “Special Directives:”
George Gascón’s “Special Directives” as they relate to the pleading and proving of sentencing enhancements and allegations are…
Drug Dealers and Their Constitutional Rights
It’s not much of a secret that the City of San Francisco has over the years developed some serious social issues, what with open drug dealing and general homelessness plaguing certain areas of the city. I won’t get into the politics of those…
The “Stalking Horse” Theory for Parole and Probation Fourth Waiver Searches
The “Stalking Horse” Theory for Parole and Probation Fourth Waiver Searches.
By Robert Phillips, Deputy District Attorney (Ret).
Have you ever heard of the “stalking horse” theory, as it relates to parole and probation Fourth waiver…
Defamation Civil Suits Brought by Law Enforcement Officers
Defamation Civil Suits Brought by Law Enforcement Officers.
A false accusation against a police officer alleging the unlawful use of deadly force may be grounds for a civil suit against the officer’s accuser.
In this era of heightened public…
Community Caretaking, Probable Cause, and Marijuana Vehicle Searches:
Impounding Vehicles, the Community Caretaking Doctrine, and Probable Cause Marijuana Vehicle Searches: In an unpublished decision (Blakes v. Superior Court (Nov. 24, 2021) 2021 Cal.App. Unpub. LEXIS 7403), California’s Third District Court of…
The Dream Keeper Fellowship Program
Paying Bad People to Be Good: Okay, I’ve heard it all now. In the September 6, 2021, edition of Newsweek Magazine, there is an article that touts a new program initiated by an organization in San Francisco called “The Dream Keeper Fellowship (the…
The “Weaponing” of Social Media by Law Enforcement
The “Weaponing” of Social Media by Law Enforcement: It is well established that a private citizen has a First Amendment right to videotape public officials, including, but not limited to, police officers while performing their duties in any public…
