CALIFORNIA SUPREME COURT RULES THAT: LAW ENFORCEMENT CAN SEARCH ENTIRE CONTENT OF YOUR CELL PHONE IF YOU ARE ARRESTED
CALIFORNIA SUPREME COURT RULES THAT: LAW ENFORCEMENT CAN SEARCH ENTIRE CONTENT OF YOUR CELL PHONE IF YOU ARE ARRESTED
On January 3, 2011, the California Supreme Court ruled in People v. Diaz that a warrantless search of an arrestee's cell phone contents did not violate the Fourth Amendment. Appellant Gregory Diaz was arrested after participating in an alleged drug sale with a police informant. A detective searched Diaz' person pursuant to Diaz' arrest and found a cell phone. About 90 minutes after Diaz' arrest, a deputy sheriff warrantlessly searched…
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NEW LAW MAY ALLOW PRISON INMATES TO BE RELEASED FROM PRISON TO SERVE THEIR TIME WHILE CARING FOR THEIR CHILDREN OR DEPENDENTS
Prison: Alternative Custody for "Female inmates, Pregnant inmates, or Inmates Who … [Are] Primary Caregivers of Dependent Children" (Stats. 2010, Ch.644 [S.B. 1266]) A new law that went into effect January on 1, 2011, which authorizes the Secretary of the Department of Corrections and Rehabilitation (DCR) to offer a program for female inmates, pregnant inmates, or male/female inmates who are caregivers of dependent children a chance to participate in voluntary…
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Impersonating Another Person Online is Now a Punishable Crime in California – Penal Code Section 528.5
To provide a 21st Century update to an 1872 law that criminalized impersonating another, Penal Code 528.5 was enacted after the legislature and the governor passed the bill in September 2010. The law will go into effect starting January 2011. The new law was enacted to punish the act of intentionally impersonating someone else online for the purpose of fraud, intimidation, or to exact some sort of harm upon another.…
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NEW LAW WILL ALLOW THOSE CONVICTED OF CERTAIN INFRACTIONS TO EXPUNGE THEIR RECORD
A new law will take effect on January 1, 2011 that will grant individuals the opportunity to expunge their record for certain infractions. Although an infraction is a less serious crime than a misdemeanor, it is a blemish on your criminal record that may have a negative effect on your educational or employment opportunities. The new law provides a chance for defendants convicted of any infraction (except motor vehicle infractions)…
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I have been arrested for selling drugs. What can I do about it? – California Health and Safety Code Section 11351
California law prohibits the possession of certain controlled substances or other illegal drugs for the purposes of sale. Such drugs include hydrocodone, PCP, cocaine, heroin, morphine, and codeine.Under California Health and Safety Code Section 11351, being in possession of drugs with the intent to sell them is a felony offense. A conviction can result in a two, three, or four-year prison sentence.A violation of HS 11351 is different from a…
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GRAND THEFT
Grand theft charges are typically based on Penal Code 487. Most commonly, the crime of grand theft happens when a person steals personal property valued at over $400. Such personal property typically includes retail products such as DVDs and clothes, food, checks, cash, and household items. Prosecutors can bring grand theft charges are various theories. The most common theories are larceny and trick. Larceny is when someone takes property with…
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AUTHOR ARRESTED FOR PUBLISHING A “HOW-TO” BOOK FOR PEDOPHILES – P.C. 288
A 47-year-old man was arrested in Pueblo, Colorado for obscenity charges in Florida stemming from authoring and self-publishing a "how-to" guide for pedophiles. Philip Greaves was arrested on charges of distributing obscene materials depicting minors engaged in harmful conduct. His book, The Pedophile's Guide to Love and Pleasure: A Child-Lover's Code of Conduct, first went on sale earlier this year on despite vast public outcry and boycott threats from the…
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California Vehicle Code 20001 – 20006 – I’m Charged with a Hit and Run. What Do I Do?
In California, a hit and run occurs when a driver of a motor vehicle knowingly leaves the scene of an accident without identifying themselves to the other party or parties involved. The severity of the penalty depends on whether the accident resulted in damage to property or death or injury to any persons involved. Penalties for Hit and Run in California If the accident only resulted in damage to property…
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MILEY CYRUS SMOKING SALVIA NOT A CRIME UNDER CALIFORNIA LAW – PC 379
On December 10, 2010, video allegedly taken by one of Miley Cyrus' friends appears to show her inhaling smoke from a bong. Sources later disclosed that the alleged substance in the bong was not marijuana, but salvia. Salvia is a psychoactive drug like marijuana, but unlike marijuana, it is completely legal to possess or use if a person is 18 years or older. (P.C. 379.) If a person is under…
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Vehicle Code 23152a – David Cassidy Charged with DUI
Former teen idol David Cassidy was charged with drunk driving after his Mercedes was stopped by a Florida Highway Patrol officer in Fort Pierce. The officer noticed the vehicle when it reportedly left the roadway and drifted onto the shoulder rumble strip twice before cutting off another car at an exit ramp. The 60-year-old former star of the 1970s television show "The Partridge Family" failed a number roadside sobriety tests…
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