Category Archives: Criminal Defense
Law Enforcement Cannot Search Cell Phones Without Search Warrant
In the case of Riley vs. California, Number 130132, decided by the U.S. Supreme Court on June 25, 2014, a unanimous Court held that the police cannot search or access information on a cell phone even though it is incident to an arrest (in this case it was for a weapons charge), except when it … Read More
Should law Enforcement Be Permitted to Stop and Search on the Basis of an Anonymous Tip of Reckless Driving?
In the U.S. Supreme Court case of PRADO NAVARETTE et al. v. CALIFORNIA, 12-9490 (April 22, 2014), the Court held the Fourth Amendment to the U.S. Constitution was not violated and, therefore, the traffic stop by a CHP law enforcement in which the officer searched the bed of a pickup truck and found about thirty … Read More
Boston Bombing – A Fortuitous Event?
On the anniversary of the Boston Bombing, April 15, 2013 in which three innocent victims were killed and nearly 300 others were injured, many are asking whether this was a fortuitous event, or calculated killings by terrorists using weapons of mass destruction. Even more compelling is the surfacing of information that one of the bombers … Read More
Law Enforcement Can Search a Shared Residence Even When a Co-Tenant Objects
In the recent case of FERNANDEZ v. CALIFORNIA, 12-7822 (February 25, 2014) the U.S. Supreme Court held the Fourth Amendment to the U.S. Constitution was not violated and, therefore, law enforcement can make a warrantless search of a shared residence when a co-tenant provides consent even though the other co-tenant shortly before refused to allow … Read More
Update on the Right to Carry a Concealed Weapon
In the recent case of Edward Peruta vs. County of San Diego, 10-56971, (February, 2014), the U.S. 9th Circuit Court of Appeals held a private citizen may carry a firearm in public for self-defense pursuant to the Second Amendment of the U.S. Constitution. Â Â As a general rule, one previously could not carry a concealed … Read More
Senate Committee Approves Eliminating and Reducing Certain Criminal Sentences
On January 30, 2014, the Senate Judiciary Committee approved a bill that would abolish mandatory minimum sentences for drug offenders who do not have a prior criminal history, as well as reducing by 50% mandatory minimum sentences for specified nonviolent drug offenses. The proposed law among other things eliminates mandatory minimum sentences if there is … Read More
Did San Diego Sheriffs Use Excessive Force When They Killed a Suicidal Suspect?
On December 2, 2013, the 9th Circuit Court of Appeals in the case of CHELSEY HAYES V. COUNTY OF SAN DIEGO, Case #09-55644 , heard this civil rights Complaint brought under the Federal statute 42 U.S.C. § 1983 and California law wherein a minor daughter alleged violations of her 14th and 4th Amendment rights and … Read More
Be Safe and Vigilant During This Holiday
This is the time of the year when there are many holidays and we will be celebrating, most often with family and friends. However, the period of time between Thanksgiving and the New Year can also be the most dangerous days and nights of the year, whether on the neighborhood streets &/or highways. Unfortunately, we … Read More
What Evidence is Required to Establish Aiding and Abetting a Crime?
On November 12, 2013, the U.S. Supreme Court in the case of Rosemond v. United States, #12-895, on Petition for a Writ of Certiorari to the U.S. Court of Appeals for the Tenth Circuit, heard oral arguments. The underlying case involved the issue of whether the jury instructions were adequate and the offense of aiding … Read More
Undercover Law Enforcement Operations
On October 23, 2013, the 9th Circuit Court of Appeals in the case of UNITED STATES vs. BLACK, #11-10036, held a reverse sting operation by the government was not so outrageous and shocking to be barred by elementary principles of due process and fairness and, therefore, affirmed the U.S. District Court conviction of multiple defendants. … Read More