Tag Archives: illegal search and seizure

California Petty Theft Laws: Detention and Civil Demands

Unless specifically set forth as grounds for Grand Theft, the Petty Theft laws apply, as follows:  Petty Theft is often referred to as shoplifting; as a general rule it takes place when one obtains property by theft, that involves a value less than nine hundred fifty dollars ($950); A first conviction generally constitutes and is … Read More

Can Police Search Your Cell Phone?

In the current case of DAVID LEON RILEY, Petitioner v. STATE OF CALIFORNIA Respondent (13-132), the U.S. Supreme Court on a Petition for a Writ of Certiorari will review the unpublished Decision of the Fourth District California Court of Appeal and, hopefully, clarify whether the police may seize a cell phone from a person under … Read More

La Mesa resident prevails in illegal search case (Sam Spital)

Commentary by San Diego Criminal Defense Lawyer Sam Spital: “The North County News on December 25, 2012 published this article regarding a three Judge panel of the U.S. Circuit Court of Appeals, for the 9th Circuit that held a police officer cannot gain entrance to a person’s property or home in pursuit of a possible … Read More

People v. Jones Summary (Drug Trafficking; Conspiracy; Search & Seizure Defense)

In a nine to zero opinion entitled UNITED STATES v. JONES, No. 10-1259, the U.S. Supreme Court, on January 23, 2012, https://www.supremecourt.gov/opinions/11pdf/10-1259.pdf affirmed the U.S. Court of Appeals decision that reversed the U.S. District Court criminal conviction of drug trafficking and conspiracy charges. The Supreme Court confirmed the police conducted a search or seizure within … Read More