Thoughts on the SB 10 California bail law changes.

Thoughts on the SB 10 California bail law changes.

August 28, 2018 Governor Brown signed SB 10, which is set to become law October 1, 2019. You can read the full text of SB 10 here and what will become new sections of the California Penal Code. But I’ll step through some of the main points to understand, as this will greatly change our bail laws and system in California. As I step through this, I’ll give the new California Penal Code sections where the language lives. It makes it a...

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Automobile v. Curtilage Search…which wins? Collins v. Virginia

Automobile v. Curtilage Search…which wins? Collins v. Virginia

Let’s start with the 4th Amendment, as it protects against warrantless, unlawful searches. However, we have some exceptions within the 4th Amendment: one being the warrantless search of an automobile. Generally automobiles have less Constitutional protections than do homes, with one of the main reasons is the “ready mobility” of a vehicle. There are other protections and rules in place, but generally “officers may search an automobile without...

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More on Sanchez hearsay and Ident-A-Drug. People v. Espinoza

More on Sanchez hearsay and Ident-A-Drug. People v. Espinoza

In 2016, the Cal Supremes gave us Sanchez (63 Cal.4th 665). The rule in Sanchez is that experts cannot opine on a single, fact-specific hearsay (out of court statement) when testifying. Well, you know we can’t just leave it at that. So we’ve had appeals on that ruling. And the Court of Appeals are batting around the drug website Ident-A-Drug. Specifically, in 2017 the Court of Appeals of California, First District, Division Five gave us People...

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If running a motion to suppress based on several searches, Defendant must identify government conduct that is objectionable.

If running a motion to suppress based on several searches, Defendant must identify government conduct that is objectionable.

California Penal Code 1358.5 provides that evidence obtained in a warrantless search in violation of the 4th Amendment (unlawful search and seizure) can be suppressed. Well, what if Defendant is claiming there were several searches…and several pieces of evidence unlawfully obtained from the different searches? When filing the Motion to Suppress, must Defendant specifically identify which searches that are being objected to? From the May...

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Can the Prosecution comment on you not calling an alibi witness?

Can the Prosecution comment on you not calling an alibi witness?

Let’s say you on trial for murder. The defense argument is the People cannot prove you actually did it, and that maybe you had an alibi. But…assume Defense does not call any witnesses for this alibi “Defendant was somewhere else” defense. With that, can the Prosecutor comment that Defense didn’t call any alibi witnesses? Well, we know any Defendant has a right to remain silent. And it’s improper if the...

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