Protect Yourself from Being Arrested in Your Home
Protect Yourself from Being Arrested in Your Home
In the case of People v. Ramey, 16 Cal.3d 263 (1976), the California Supreme court limited but did not prohibit the right of police officers to arrest a suspect in the home. The Court in Ramey held, "in the absence of a bona fide emergency, or consent to enter, police action is seizing the individual in the home must be preceded by the judicial authorization of an arrest warrant." 16…
Read More
New Court Ruling Results in Murder Reversal: The Criminally Accused Have a Right to Confront the Witnesses Against Them – Part II
The California Third District Court of Appeal reversed a 2006 second-degree murder conviction. People v. Dungo, 2009 DJDAR 12630. In Dungo, the defendant was convicted and sentenced to 15-years-to-life for choking his girlfriend to death. This reversal came after Melendez, discussed in the previous blog. In the California case, the criminal defense attorney successfully argued that the defendant's rights were violated when the defendant's counsel was not able to cross…
Read More
Anaheim Reckless Driving and DUI Attorneys
The city of Anaheim is located in Orange County and has an estimated population of 348,467. As the tenth most-populated city in California, Anaheim is also ranked the fifty-fourth most-populated city in the United States. Known for its theme parks, convention center, and sports teams, Anaheim is a favorable destination for tourists, which can greatly contribute to traffic on Anaheim roads. Which such a large amount of residents and visitors…
Read More
New Court Ruling Results in Drug Conviction Reversal: The Criminally Accused Have a Right to Confront the Witnesses Against Them – Part I
In Melendez-Diaz v. Massachusetts, the defendant was convicted of drug possession. 129 S.Ct. 2527 (2009). The conviction went all the way up to the Supreme Court of the United States. The Supreme Court reversed the defendant's drug conviction because the trial court violated the defendant's Sixth Amendment rights. In Melendez, the trial court admitted the prosecutions certificates by laboratory analysts, stating that the material seized by police and connected to…
Read More
Confessions and Admissions that are Product of Illegal Search are Subject to Suppression in Court
Depending upon the facts of your case, your confession and/or admission may be inadmissible if the statements were the product of an illegal search. However, the defendant must show a relationship between the unlawful search and the defendant's statement. Once this has been established, the burden of proof shifts to the Prosecution to show that the confession or admission was the product of an intervening independent act of the defendant's…
Read More
Medical Marijuana Card Does Not Necessarily Protect Against Vehicle Search
An officer with probable cause to search is not prevented from doing so by someone presenting a medical marijuana card or a medical marijuana prescription. Various courts have held that, once the officer has probable cause, the officer is entitled to continue to search and investigate, and determine whether the subject of the investigation is in fact possessing the marijuana for personal medical needs, and is adhering to the eight-ounce…
Read More
Impound and Inventory of a Vehicle (Part 2)
The United States Supreme Court case of South Dakota v. Operman, 427 US 364 (1976) set for the following criteria for the lawful impound and inventory of a vehicle: The vehicle must be lawfully in police custody. For example, following a traffic stop or lawful arrest of a driver. The inventory must be for the purpose of listing the contents of the vehicle and not for an investigative purpose. The…
Read More
Impound and Inventory of a Vehicle (Part 1)
Generally, a police officer can seize any vehicle they have probable cause to believe contains illegal items or evidence of a crime. Once the vehicle has been "seized," police can then conduct a search at a police facility or impound lot. The California Vehicle Code details when a car can and cannot be impounded. If contraband or evidence of a crime is discovered during the course of a lawful inventory…
Read More
Santa Ana Reckless Driving and DUI Defense Lawyers
The city of Santa Ana is the most populous city within the vast spread of Orange County with approximately 339,130 inhabitants. Situated along the Santa Ana River in Southern California, Santa Ana is only 10 miles from some of California's most beautiful beaches. As a part of the second largest metropolitan area (thirteen million people) in the entire United States, Santa Ana is considered the fourth most densely populated city.…
Read More
Change of Venue Based on Fair and Impartial Trial Requirement
Venue is where the court has jurisdiction to bring the case to trial. The defense can move the change venue to another county when it appears reasonably likely that a fair and impartial trial cannot be had in the county under Penal Code Section 1033. The most common change of venue motion is the defense motion to change venue because of extensive pretrial publicity prejudicial to the accused. Such motion…
Read More