#DUIdata (Blog)

Can a car passenger claim privacy regarding the searched car?

Posted by on January 3, 2018 in #DUIdata, Uncategorized | 0 comments

Can a car passenger claim privacy regarding the searched car?

Can a car passenger claim privacy regarding the searched car? From Brewer v. Superior Court, Court of Appeals of California, First District, Division Four, filed 11/6/17, 16 Cal App 5th 1019: It’s a new issue, and the answer is yes, a passenger can claim privacy even if he’s just the passenger of a vehicle. The issue as the Court states it: may a defendant “move to suppress evidence as the fruit of an unlawful detention even if the defendant lacked an expectation of privacy in the vehicle where the evidence was found.” “Although the high...

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Searching behind the car dash…unreasonable?

Posted by on January 3, 2018 in #DUIdata | 0 comments

Searching behind the car dash…unreasonable?

Searching behind the car dash…unreasonable? From People v. Zabala, Court of Appeals of California, Sixth District, filed November 13, 2017, 17 Cal App 5th 22: Is a search behind the car dash unreasonable? Yes, it can be. But here, was it supported by probable cause here? Also yes. Here, Arresting Officer see white powder under Defendant’s driver seat and baggies, both consistent with illegal narcotics. Arresting Officer “trained in recognizing how illegal drugs were packaged and transported” and “[b]ased on his training and experience, he...

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The Sanchez hearsay rule, and the “compilation” exception. People v. Mooring, 9/27/17

Posted by on October 24, 2017 in #DUIdata | 0 comments

The Sanchez hearsay rule, and the “compilation” exception. People v. Mooring, 9/27/17

The Sanchez hearsay rule, and the “compilation” exception. People v. Mooring, 9/27/17 This rule of hearsay in California continues to exercise its legs from our California Supreme Court decision People v. Sanchez. The final sha-bang with Sanchez is whether an expect can opine on a single, fact-specific hearsay (out of court statement) when testifying. And their holding was that single, fact-specific opinions like this are hearsay and not admissible. Well, what if the expert is making this pin-point hearsay statement…but that...

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More prosecutor misconduct in closing arguments: People v. Cowan

Posted by on June 12, 2017 in #DUIdata, Uncategorized | 0 comments

More prosecutor misconduct in closing arguments: People v. Cowan

Ah, Prosecutor misconduct: This February 23, 2017 decision People v. Cowan (8 Cal. App. 5th 1152; Court of Appeals of California, Second District, Division Six) deals with what Prosecutors can and cannot say in closing arguments.  It’s also a furtherance of the Cal Supreme decision People v. Centeno (2014) 60 Cal.4th 659 (Cowan was sent back to this Court to make its decision in accordance with Centeno). So first, in Centeno there were two main issues: 1) It was error “for the prosecutor to suggest that a reasonable account of the evidence...

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DUI, and someone else was driving? Can an investigator testify to the real driver’s statements?

Posted by on April 5, 2017 in #DUIdata, Uncategorized | 0 comments

DUI, and someone else was driving? Can an investigator testify to the real driver’s statements?

What happens when you’re arrested for DUI, and someone else was driving?  Or…let me take it a level deeper: what happens when you’re arrested for DUI, and the Police say you admitted to driving, that others said you were driving, but then later recanted and are trying to say you did NOT drive–that someone else drove?  When and how can that come into play? This March 30, 2017 California Court of Appeals decision People v. Smith (cited as 2017 WL 1174411) addresses this issue…although there’s a little more to...

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Can Prosecutors Judge/Forum-Shop after losing a Motion to Suppress?

Posted by on December 9, 2016 in #DUIdata | 0 comments

Can Prosecutors Judge/Forum-Shop after losing a Motion to Suppress?

Can Prosecutors Judge/Forum-Shop after losing a Motion to Suppress? So, in the criminal law arena (which San Diego DUI arrests fall into obviously), you have the ability to run a motion to try and suppress evidence.  If you win that motion, then the Prosecution may not be able to move forward with their case…since they may no longer have the evidence to try and prove what they’re trying to prove. With this, the Prosecution can dismiss the case…but then they may be able to refile the same charges (I know, silly).  There are...

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