Chula Vista’s Police Drones by Michael Thompson by Michael Dean Thompson The Federal Aviation Administration has relaxed its rules so that drones can be flown beyond line-of-sight by certain groups such as cops, firefighters, and even construction companies. Some policing agencies are choosing drones that only point the camera down …
News In Brief by Alabama: A former Tuscumbia police officer was sentenced to 20 years in prison on August 24, 2024, after pleading guilty to manslaughter in connection with a fatal pedestrian accident. The incident occurred in October 2022 when James “Jay” Keith Steward’s vehicle struck and killed 60-year-old Terry …
News In Brief by Alabama: WSFA out of Mobile reported that on August 22 and 23, 2024, a sex trafficking sting operation occurring in several jurisdictions resulted in the arrests of 11 men. Montgomery County Sheriff Derrick Cunningham and other law enforcement officials discussed the results at a press conference. …
Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit affirmed …
Ninth Circuit Announces California Carjacking Conviction Not Categorically ‘Crime of Violence’ Under Immigration Law for Removal Purposes by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit held that a carjacking conviction under California Penal Code § 215(a) is not categorically a crime of violence under …
California Court of Appeal: Wearing Puffy Jacket on Hot and Humid Night Does Not Constitute Reasonable Suspicion of Criminal Activity by Anthony Accurso by Anthony W. Accurso The Court of Appeal of California, Second District, overturned the denial of a defendant’s suppression motion by ruling that the officers’ show of …
California Court of Appeal Announces Crime Defendant ‘Was Convicted’ of, Not Crime ‘Could Have Been Convicted’ of Today, Governs Eligibility for Removal From Sex Offender Registry by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, held that a defendant convicted in 1985 of lewd …
News in Brief by Alabama: Former Centre policeman Michael Kilgore, 40, should have known co-conspirators will bumble any crime. After his co-conspirator went singing to authorities, Kilgore was fired and charged with conspiracy to distribute a controlled substance in May 2023. WRCB reported, that according to the plea agreement, Kilgore …
News in Brief by Arizona: On June 29, 2024, the Tempe police department posted a Facebook message regarding an award that two of its officers had just received. “Congratulations to Officer Zachary Hyde and Officer Gavin Young. Last night both received the Hero Award at the 35th annual Mothers Against …
California Court of Appeal Holds Defendant Suffering From ALS and Near Death Entitled to Compassionate Release by Sam Rutherford by Sam Rutherford The California Court of Appeal, Fourth District, reversed a trial court’s refusal to grant compassionate release to a defendant diagnosed with amyotrophic lateral sclerosis (“ALS”) who had less …
Tenth Circuit: Mere Presence in Vehicle Used to Transport Large Quantity of Drugs Insufficient to Establish Necessary Intent for Conspiracy Conviction by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit reversed the convictions of the unwitting passenger of a drug mule on the …
California Court of Appeal: In SB 483, Legislature Intended to Prohibit Prosecution Withdrawing Plea Agreement for Any Sentence Reduction in § 1172.75 Resentencing Hearing, Even Reductions Based on Code Provisions Not Enacted by SB 483—Deepening Split in by David Reutter by David M. Reutter The Court of Appeal of California, …
Ninth Circuit Announces Issues Not Raised in Prior Appeal Are Not Waived on Subsequent Appeal Following De Novo Resentencing by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit held that issues not raised in a prior appeal are …
California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393 by Matthew Clarke by Matt Clarke The Court of Appeal of California, Fourth Appellate …
California Court of Appeal: Defendant’s Conversation With Officers Not Consensual Based on Officers’ Positioning and Manner of Approaching Legally Parked Vehicle so Evidence Obtained Resulting From Conversation Must Be Suppressed by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, ruled that Jeremiah Paul’s conversation …
After California Cops Kill Someone, They Probe Families for Information on Deceased Before Telling Them Their Loved One Is Dead by Douglas Ankney by Douglas Ankney Bruce Praet, cofounder of the company Lexipol, offers California cops some advice in one of his online training webinars: When notifying the family of …
California Supreme Court: Presence in High Crime Area and Desire to Avoid Contact With Police Does Not Amount to Reasonable Suspicion Justifying Detention for Suspected Criminal Activity by Sam Rutherford by Sam Rutherford “The body of America’s Fourth Amendment jurisprudence reflects the effort to strike a balance between the state’s …
California Court of Appeal Explains Qualification for Mental Health Diversion Under Pen. Code § 1001.36, Rules Defendant Qualified for Pretrial Mental Health Diversion by David Reutter by David M. Reutter The Court of Appeal of California, Fourth Appellate District, issued a writ of mandate directing a trial court to …
California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition by Douglas Ankney by Douglas Ankney In a case involving three issues of first impression, the Court of Appeal of California, First Appellate District, ruled that Penal Code Section 1509(1)(c)’s 10- …
