January 1, 2020 (click here to view or download)
- Animals
- Arrests
- Boats
- Cannabis (Marijuana)
- Census Taking
- Child Abuse
- Computers
- Controlled Substances
- Criminal Profiteering
- Deepfake Photos and Videos
- Disorderly Conduct
- DNA
- Elder Abuse
- Firearms, Ammunition, and Deadly Weapons
- Fish and Game
- Human Trafficking
- Juveniles
- Law Enforcement
- Law Enforcement Technology
- Marijuana
- Mental Patients
- Pitchess Motions
- Plea Bargains
- Police Officer Use of Force
- Posse Comitatus
- Pretrial Diversion
- Prisoners
- Prostitution
- Search Warrants
- Service of Process; Subpoenas
- Sex Offenses
- Spoofing
- Theft
- Tobacco Products and Smoking
- Vehicle Code Violations
- Veterans
- Victims and Witnesses
January 27, 2020 (click here to view or download)
- The Danger Doctrine and Civil Liability
- Leaving a DV Victim in More Danger Than He/She was Originally Found
- Qualified Immunity from Civil Liability
- Search Warrants and the Seizure of Electronic Devices
- Delays in Searching Seized Electronic Devices
- Good Faith Exception to the Exclusionary Rule
- P.C. § 148(a)(1) and Refusing to Identify Oneself
- Refusing to Identify Oneself Upon Being Cited for an Infraction
The Fourth Amendment Search & Seizure 20th Edition
March 6, 2020 (click here to view or download)
- Warrantless Seizure of Evidence Observed in Plain View
- Sixth Amendment Ineffective Assistance of Counsel
- Evidence Collection by Non-Law Enforcement
- Photographing a Defendant/Patient in a Hospital Setting
- Warrantless Entries of a Hospital Room
- Miranda-Custody and the Hospital Patient
- Questioning a Hospital Patient as a Due Process “Coercion” Issue
- The Warrantless Seizure of Video Evidence
- A Delay in Obtaining a Search Warrant to Search Seized Property
- Flight from a High Crime Area
- Fourth Wavier Searches and Private Areas
- Miranda Advisals and Dissipation of the Taint
March 23, 2020 (click here to view or download)
- Knock and Talks at a Resident’s Front Door
- Anticipatory Search Warrants
- Warrantless Exigent Circumstance Entries into a Residence
- Consent Searches of a Residence
- Consent to Enter One’s Residence
- Scope of a Consent
- Qualified Immunity From Civil Liability
- Constitutionality of Using Destructive Means (Tear Gas) To Extricate a Person from a House
- Warrantless Residential Entries and the Emergency Aid Exception
- Warrantless Residential Entries and the Community Caretaking Exception
- Warrantless Residential Entries and the Exigent Circumstance Exception
- Good Faith Reliance Upon Overruled Case Law
- Inventory Searches of Vehicles
April 16, 2020 (click here to view or download)
- Traffic Stops 4 Reasonable Suspicion vs. “Hunch”
- Vehicle Searches and the Legal Possession of Cannabis
- Vehicle Searches and the Odor of Cannabis
- Inevitable Discovery
- Border Searches
- The Lawful “Scope” of a Border Search
- Cellphone Searches at the Border
- Brady v. Maryland; A Prosecutor’s Duty to Provide Potentially Exonerating Evidence
May 3, 2020 (click here to view or download)
- Sixth Amendment, Massiah Violations
- Invocation of One’s Right to Silence and Subsequent Questioning
- Questioning of an In-Custody Suspect by an Undercover Police Agent
- Fifth Amendment, Self-Incrimination
- The Potential Coerciveness of an Interrogation
- A Court’s Failure to Grant Bail as an Illegal Detention
- The Sixth Amendment Right to Confrontation
- Warrantless Search of a Cellphone Incident to Arrest
- Doctrine of Inevitable Discovery
- Citizen Informants and Probable Cause
- Search Warrants and the Need for Specificity
- Search Warrants and the Issue of Staleness
- Kidnapping
- Patdowns for Weapons
May 26, 2020 (click here to view or download)
- The Sixth Amendment and the Right to Confrontation
- Hearsay Testimony and Deported Witnesses
- Pre-Preliminary Examination “Due Diligence” Requirements
- Border Patrol Detentions and Arrests
- The Collective Knowledge Doctrine
- Miranda and Selective Invocations
- Parole Searches of Residences
- Third Party Rights During a Parole Search
- Probable Cause for Believing that a Parolee Resides in a Searched Residence
- Miranda Custody and Minors
- Welf. & Inst. Code § 625.6 and Minors Age 15 Years and Less
- Implied Waivers and Minors
- Coercive Interrogations and Fourteenth Amendment Due Process
June 10, 2020 (click here to view or download)
- Pen. Code § 632(a) & (d); Recording Confidential Communications
- Proposition 8: “Right to Truth-in-Evidence;” Calif. Const., Article I, Section 28(f)(2)
- The “ShotSpotter” System
- Warrantless Residential Entries and the Emergency Aid Doctrine
- Warrantless Residential Entries and Community Caretaking
- Warrantless Residential Entries and Exigent Circumstances
- The “Chokehold” and Unnecessary Force
July 14, 2020 (click here to view or download)
- The Automobile Exception to the Search Warrant Requirement
- Proposition 64, H&S § 11362.1(c), and the Lawful Possession of Marijuana
- DUI Arrests; Veh. Code § 23612; and Implied Consent to a Breath or Blood Test Implied vs. Actual Consent to a Blood Test
- Tape-Recordings and Transcriptions of a Defendant’s Confession
- Offers of Leniency and Coercion; Comments on the Death Penalty
- Mental Impairment and a Knowing and Intelligent Waiver of Rights
- Delay in Arraignment for a Prisoner Subject to a Parole Hold
- Incompetence of Counsel and Trial Strategy
- Brady Error
Miranda and the Law - The Fifth Amendment
Click here to view or download the Miranda Update
Click here to view or download the Table of Contents
Click here to view or download the Table of Contents
August 19, 2020 (click here to view or download)
- Spotlighting the Interior of a Vehicle
- Detention of a Vehicle’s Occupants
- Miranda and Equivocal Attempts to Invoke
- Treaty on Cooperation for Mutual Legal Assistance
- Preservation of Potentially Exculpatory Evidence
- Evid. Code § 351.1 Polygraph Examinations
- Tipster Information of an Ongoing Crime
- Reliability of Information From Identified, and Unidentified, Tipster(s) Detentions for Investigation
- Detentions and the Requirement that the Suspected Offense be Serious
October 6, 2020 (click here to view or download)
- Vehicles Searches and the Automobile Exception
- Searches for Contraband Based Upon a Plain Sight Observation of Marijuana
- H&S Code § 11362.1(c) and the Lawful Possession of Marijuana
- Pinging Cellphones, the Fourth Amendment, and Exigent Circumstances
- Miranda: Invocation of Right to Counsel
- Edwards v. Arizona: A Clear and Unequivocal Invocation
- After a Prior Waiver
- Selective Miranda Invocations
- Considering the Context of an Attempted Invocation
- Warrantless Searches of a Residence; Exigent Circumstances
- Search Warrants and Probable Cause
- Search Warrants; Use of Hearsay in a Warrant Affidavit Search Warrants and the Search of the Curtilage of a Residence
- Miranda; Admonishing in a Foreign Language
- Miranda; Successive Interrogations
- Coercion; A Free and Voluntary Confession
- The Vienna Convention as it Relates to an Arrestee’s Confession
November 7, 2020 (click here to view or download)
- Writ of Habeas Corpus Procedure per 28 U.S.C. § 2254(d)
- Miranda Waivers; Incomplete Admonishments
- Confessions and Involuntariness
- Kelly Test Requirements and Dog Scent Trailing Evidence
- Foundational Requirements for Dog Scent Trailing Evidence
- Brady v. Maryland and Undisclosed Impeachment Evidence
- Statutorily Protected Confidential Records and Potential Brady Material
November 29, 2020 (click here to view or download)
- Detentions for Investigation; Bulges in a Person’s Clothing
- Marijuana Vehicle Searches
- Closed Container of a Lawful Amount of Marijuana in a Vehicle
- H&S § 11362.1(c) and a Vehicle Driver’s Protection from Detention, Search, or Arrest
- California’s Marijuana Laws vs. Federal Law
- Good Faith and Marijuana Vehicle Searches
- Warrantless Entries into a Residence
- The Attenuation Doctrine and Attenuation of the Taint
- Fruit of the Poisonous Tree and Attenuation of the Taint
- P.C. § 1538.5 Motions and Illegal Detentions
- P.C. § 148(a)(1) When Perpetrated During an Unlawful Detention
- Prison Visitors’ Strip Searches
December 30, 2020 (click here to view or download)
- Searches of Vehicles for Marijuana
- H&S Code § 11362.1(c) and the Lawful Possession of Marijuana
- Sealed vs. Closed Baggies of Marijuana in a Vehicle
- Law Enforcement’s Use of a Ruse and the Fourth Amendment
- Lawful vs. Unlawful Ruses
- The Private Search Doctrine
- Google’s Computerized hashing technology
- Child Pornography and the Internet