Officer’s Must Use “Common Sense” on Vehicle Impounds

By: Wallin & Klarich

In light of the decision in Miranda v. Cornelius, 429 F3d 858 (9th Cir. 2005), the California courts have now weigh in on the issue of impounding vehicles pursuant to an arrest. In the most recent decision in People v. Williams, 2006 Cal.App. LEXIS 1932, the officer impounded a vehicle driven by an individual arrested …

Posted In: Law & Information

Search and Seizure – Cell Phone Records

By: Wallin & Klarich

Search & Seizure – Cell Phones & Searches Incident to Lawful Arrest – United States v. Jacob Pierce Finley In an opinion issued by the United States Court of Appeals – Fifth Circuit on January 26, 2007, the Court clearly answered an important question about the legality of searching the contents (text messages and call …

Posted In: Law & Information