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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....

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CO-TENANT CONSENT SEARCH IS NOT VALID IF ANOTHER CO-TENANT, WHO IS IN CLOSE...

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...

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THE LATEST U.S. CRIME RATE DATA

Every year the FBI publishes an extensive analysis of crime data in the U.S. The crime data for 2022 was recently published and shows a mixed picture. While violent crimes and homicides decreased...

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STOLEN MERCHANDISE BEING SOLD ON THE INTERNET – INCLUDING ON AMAZON

Many of us do our retail shopping online. Often a Google search helps us to identify the best price for the product we are shopping for. How many times have you searched for a product and found the...

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HIGH SPEED CHASES NO MORE. WELCOME TO THE WORLD OF GPS TRACKING DARTS.

With the recent death of OJ Simpson, we are reminded of the police pursuit of OJ’s Bronco through Los Angeles and Orange Counties. While the OJ chase was a slow-speed chase, many police pursuits are...

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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...

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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...

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AN ATTEMPTED ROBBERY AT FASHION ISLAND ENDS IN MURDER

A New Zealand couple’s vacation in Southern California ended in tragedy. The couple, a prominent businessman in New Zealand and his wife were visiting Newport Beach’s iconic outdoor shopping mall...

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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...

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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...

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The Firefighter Arsonist

Low risk, minimum custody status inmates in California may be eligible to serve all or part of their incarceration as a California Department of Forestry and Fire Protection (CAL FIRE) employee. The...

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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...

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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...

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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...

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“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...

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