Over the past couple of years, e-bikes have exploded in popularity across California, especially in Orange County, where sunny weather and beach paths make them an easy choice for getting around. But with that popularity has come something else: a wave of new rules, penalties, and even criminal cases aimed…
Articles Posted in Criminal
How Chinese Chemical Companies Feed America’s Meth Problem
When most people hear about the U.S. meth crisis, they picture desert labs in Mexico or rural houses in the Midwest. But the story actually starts thousands of miles away — in the sprawling industrial zones of China. There, among thousands of legitimate factories, a quieter trade has been thriving:…
“BIRTH TOURISM” SCHEMES OPERATING IN SOUTHERN CALIFORNIA
In the United States, birthright citizenship is guaranteed by the Fourteenth Amendment to the Constitution. Affirmed by the United States Supreme Court in 1898 in the case, United States v. Wong Kim Ark, this right extends to any child born in the United States, regardless of the child’s parents’ nationality…
WARRANTLESS SEARCH OF CURTILAGE IS OFTEN A VIOLATION OF PRIVACY RIGHTS
“[A]t the very core” of the Fourth Amendment “stands the right of [an individual] to retreat into his [or her] own home and there be free from unreasonable governmental intrusion.” (Silverman v. United States (1961) 365 U.S. 505, 511.) This protection against unreasonable search and seizure, that is, a search without a…
Sometimes You Eat the Bear, Sometimes the Bear Eats You
Perhaps going down as one of the most inventive and also one of the stupidest insurance fraud crimes in recent memory, a group of scammers filed several insurance claims for damage to their three luxury vehicles. The four scammers filed separate insurance claims, all to separate insurance companies, after they…
ELDERLY PAROLE PROGRAM
California Penal Code section 3055 provides that inmates who have been incarcerated for 20 years or more and are over the age of 50 or those incarcerated for 25 years or more and are over the age of 60 are eligible for what is called “Elderly Parole.” Even violent sex…
Fake Watermelons Filled with Methamphetamine Seized at the Border
Here’s a recipe for the stupid criminal files: Fill large packages – about watermelon size – with methamphetamine. Form each package into a watermelon shape and cover each package with a wrapper that is printed to look like a watermelon. Oh, don’t forget to slap an agricultural sticker on each…
PROBABLE CAUSE TO SEARCH A VEHICLE REQUIRES OBJECTIVE FACTS
You’ve been stopped by the police for speeding. Can the officer search your vehicle without your consent? The answer is yes and no. Yes, the officer can search your vehicle, without your consent, if he or she has probable cause to believe your vehicle contains evidence of a crime. This…
WHEN IS A LAW ENFORCEMENT DETENTION UNLAWFUL?
A law enforcement officer can perform a temporary investigative detention of an individual only when the officer can articulate specific facts, which considered in light of the circumstances, provides an objective reason to believe the individual is engaged, or about to engage, in criminal activity. (A detention occurs when an…
CONSENT SEARCH UNDER A PROMISE OF LENIENCY
The Fourth Amendment provides that law enforcement cannot conduct a search of property or person without a valid warrant. Any warrantless search is unlawful and should law enforcement arrest you pursuant to that search, the arrest itself becomes unlawful. However, there are exceptions where a warrantless search is permitted under…