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Why should I exercise my right to remain silent? Why should I request to speak with an attorney before answering any questions? What’s in it for me? Answer: Your Liberty.
This (People v. Bowman (2011) Cal. App. Lexis 1633) Christmas gift came early: 12/23/11. Bowman was convicted of robbery (PC 211) and false imprisonment (PC 236), and because of his strike prior, earned a 16 year state prison sentence. Bowman, fortunately, will only have to serve 85% of his time. →
Information on DUI Roving Patrols and DUI Checkpoints in L.A. County
Please refer to this article that was just published in the L.A. Times re a holiday crackdown on drunk driving in Los Angeles County from now until New Years Day. Also, if you wish to view an important source of information on regional and countywide press releases for roving patrols →
Twitter Weekly Updates for 2011-10-28
http://t.co/3Re3KhrR # http://t.co/e00FqpJB Automobile searches are bad. And dogs seem to get away with everything. Check out People v. Stillwell (2011), 197… # →
Refusing to add a ‘Plain Smell’ exception to the Warrant Requirement
In Robey v. Superior Court of Santa Barbara County (2011), 2nd Appellate District, Div. 6, B231019, the following occurs: It was a propitious moment for the FedEx employee who smelled Marijuana coming from a package to be shipped from Santa Maria to Illinois, until that package was seized by the authorities. Officers at →
Twitter Weekly Updates for 2011-10-21
Commission For Major Criminal Justice Overhaul Back On Track In Congress http://t.co/ddeqwaqI via @huffingtonpost # http://t.co/wDC4C3Ma # →
The Consequences of Refusing Field Sobriety Testing
In People v. Jackson (2010), 189 Cal. App. 4th 1461, Jackson was arrested on September 16, after driving very badly on the Bay Bridge in San Francisco. At the very last, Jackson had a beautiful view of the city – if it wasn’t too foggy. After a poor performance in →
DMV Administrative Hearings – And Our Right to a Meaningful Defense
Petrus v. Dept. of Motor Vehicles (2011) 194 Cal. App. 4th 1140: Petrus drives his car into a parking lot and fittingly hits a parked car while an off-duty California Highway Patrol Officer (“Mora”) is standing nearby. Petrus exhibits symptoms of being under the influence of an alcoholic beverage, and →
Setting boundaries on Melendez-Diaz and the Confrontation Clause
In People v. Sydney Davis (2011), C061536, Super. Ct. No. 08F06253, Davis was found guilty of assault with a deadly weapon (Cal. PC. 245(a)(1)) and mayhem (Cal. PC. 203). While vacationing at a correctional center, Davis shoved a “commercial grade” toilet brush into Jonathan Coleman’s eye socket. At the trial, →
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