You might recall a news item from 2021 when a laser pointer was aimed at a Huntington Beach Police Department helicopter investigating a fatal hit and run accident. These types of dangerous pranks are not new to police department arial surveillance and investigations. In this case, the police were able…
Articles Posted in Constitutional Rights
YOUR MIRANDA RIGHTS DURING POLICE QUESTIONING
Everyone is familiar with the term “Miranda rights.” This right derives from a 1966 U.S. Supreme Court case, Miranda v. Arizona. The Miranda court held that the Fifth Amendment to the U.S. Constitution, which protects someone accused of a crime from self-incrimination, includes protections for suspects who have been arrested…
WHEN DOES A POLICE SEARCH OF A VEHICLE VIOLATE THE 4TH AMENDMENT?
As has been discussed many times in these pages, the Fourth Amendment secures the right to be free of searches absent a warrant establishing probable cause. A law enforcement search without probable cause is unlawful. …Or so they say. Over the years, many exceptions to this right have been carved…
Investigatory Stops
You are hanging out in a park with a couple of friends. Two police officers show up and ask you and your friends what you are doing in the park. You walk away, which is within your rights. If you do attempt to walk away and the officers prevent you…
Why You Should NEVER Talk to the Police Without an Attorney Present
No doubt you have heard the news that Alec Baldwin is to be charged with involuntary manslaughter after fatally shooting a cinematographer on set. I won’t recount the alleged series of events leading up to this charge as most everyone is familiar with the story. What is important to know…
CRIMINAL APPEALS
A person convicted by a judge or jury of a misdemeanor or a felony has a right to appeal that conviction. However, it is not enough to be unhappy with the verdict or think the trial was unfair, there are specific grounds upon which the appeal may be made. Appeals…
U.S. SUPREME COURT RULES CIVIL ASSET FORFEITURE A VIOLATION OF THE EIGHTH AMENDMENT
In 2017, California instituted a new lawthat prohibits law enforcement from seizing any asset valued over $40,000 in what is known as civil asset forfeiture. Civil asset forfeiture is nothing more than official theft by the state under the color of law. Basically, it allows law enforcement to seize…
PREDICTIVE POLICING IN CALIFORNIA
Did you see the 2002 movie Minority Report? Back then, it was science fiction; now it’s getting close to reality. In Minority Report, police departments had “PreCrime” units where “precogs” (strange psychic bodies that lived in liquid pools) were able to predict when a person was going to commit…
CELL PHONES: TECHNOLOGY’S GIFT TO LAW ENFORCEMENT
Many of my clients are surprised at the amount of information law enforcement has gathered about them. I wrote awhile back about how ubiquitous law enforcement surveillance is in our everyday lives. Many of my clients learn the hard way. Not only is it impossible to hide from the…
97% OF CRIMINAL CASES ARE RESOLVED BY PLEA ARRANGEMENT
While every defendant has a constitutional right to a jury of his or her peers, criminal charges rarely go to trial. In fact, around 97% of criminal cases are resolved by a plea bargain. A plea bargain is when the defendant pleads guilty or nolo contendere (no contest) to…