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A SEARCH WARRANT MUST ESTABLISH PROBABLE CAUSE TO SEARCH

Issuance and execution of a search warrant has been in news this summer. You have probably read a few articles that mention the standards for the issuance and execution of a search warrant....

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THE CALIFORNIA POLICE CHASE: TUNE INTO CHANNEL 4 FOR THE REAL-LIFE DRAMA

Those of you who are old enough will no doubt remember the slow-motion Los Angele Police Department pursuit of O.J. Simpson’s Ford Bronco in June of 1994. The “chase” (if you can call it that) lasted...

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NEW LEGISLATION WILL AUTOMATICALLY DISMISS SOME PRIOR CONVICTIONS

 Legislation recently signed into law by Governor Newsom will make certain previously convicted individuals automatically eligible for the dismissal of their conviction when four years have passed...

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The New “To Catch a Predator” is On Social Media

You may have watched the popular reality TV series “To Catch a Predator” which aired from 2004-2008. In that series, law enforcement would set up adult men who thought they had arranged a tryst with a...

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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...

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Motor Vehicle Exhibitions (Sideshows)

Not long after the invention the Model T, people in the U.S. fell in love with their cars. Nowhere was the car culture more celebrated than in California. (Perhaps you recall the hit 80’s song “Walking...

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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...

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AMENDED MENTAL HEALTH DIVERSION LAW SHOULD RESULT IN MORE MENTAL HEALTH...

The mental health diversion statute (Penal Code section 1001.36) was amended in the 2021-2022 Legislative Session to encourage the courts to make use of mental health diversion.  The amended law became...

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California CARE Courts: A New Approach to Mental Health Treatment and Crime

In 2022, California Governor Gavin Newsom signed into law a bill creating Community Assistance, Recovery and Empowerment (CARE) Courts, a new system of courts designed to provide treatment and support...

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IS LIVESTREAMING A LAW ENFORCEMENT-CITIZEN CONTACT LEGAL?

Depending upon your point of view “livestreaming” police contacts benefits citizen civil rights, impedes police officers’ ability to do their job, and/or instigates riots. All these things are true....

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FENTANYL: A TRAGIC INTERNATIONAL TRADE

Manzanillo, a port city on Mexico’s Pacific coast and about 175 miles south of Puerto Vallarta, is one of the busiest ports in Mexico. It is also where most of the fentanyl gets it start as it winds...

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GHOST GUNS

Ghost guns present a considerable threat to gun control laws. Ghost guns are guns that are assembled by component parts bought online. These guns are increasingly posing a challenge to law enforcement...

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FLASH MOB ROBBERIES

You might remember back ten or so years ago when flash mobs were all the rage. A large group of “conspirators” preplanned an event at a crowded venue – for example at Grand Central Station in New York...

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FENTANYL: AN UNFORTUNATE “GAME CHANGER”

Four years ago, heroin accounted for 80% of the opioid seizures at the Mexico/U.S. border; as of 2022, it now accounts for only 7%. What has replaced the opioid seizures? If you have read my previous...

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NEW GUN CONTROL LAWS SIGNED INTO LAW BY THE GOVERNOR OF CALIFORNIA

California already has some of the toughest gun laws in the country. Governor Newsom just made the laws even tougher when he signed new gun control bills into law that aim to address the rising gun...

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COVID-19 TAX CREDIT PROGRAM PLAGUED WITH FRAUDULENT CLAIMS

The Covid-19 pandemic ushered in government benefit programs aimed at relieving the economic burdens the pandemic and the resulting lockdowns caused to individuals and businesses.  Among those benefits...

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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...

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