Fake Friending by Police does not violate the 4th Amendment. People v. Pride.

Fake Friending by Police does not violate the 4th Amendment. People v. Pride.

In this January 10, 2019 decision People v. Pride*,  an undercover officer posed as someone, sent Defendant a friend request…and then after a crime, Defendant posted something incriminating on his social media. The officer saw that post without using a warrant, as he was a “friend.” His account was private–open to only the people whose friend request Defendant accepted. And the posts disappeared after a period of time....

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Is Counsel’s concession of guilty during Opening a guilty plea?

Is Counsel’s concession of guilty during Opening a guilty plea?

The People charged Defendant with DUI Murder, Hit and Run, among other allegations. In Defense Counsel’s Opening, he stated Defendant caused the accident, and hit and ran. Specifically Counsel said Defendant “’caused the accident. No dispute. And then he drove away.’ A few moments later, he conceded, ‘As to the hit and run, he’s guilty of it; I’ll say that again at the end. There are no games being played here…. But he’s...

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New DUI IID laws for 2019

New DUI IID laws for 2019

Starting January 1, 2019, new laws as they relate to ignition interlock devices (in-car breathalyzers) came into effect in California. This comes from Senate Bill 1046. SB 1046 is effect January 1, 2019 until January 1, 2026 when some parts will sunset and other laws will come into effect. There are many, many updates to the Vehicle Code for all of this. So I’ll just hit the main points as they relate to what happens after a conviction of...

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Update in whether a DUI blood draw requires a warrant. People v. Gutierrez

Update in whether a DUI blood draw requires a warrant. People v. Gutierrez

This 10/2/18 People v. Gutierrez* case comes down within a legal window left open from the 2016 US Supreme Court decision of Birchfield**. Birchfield held a breath test after a DUI arrest does not require a warrant but a blood test does…unless there is an exception to the warrant requirement (exigent circumstances, consent, or search incident to arrest). But what “Birchfield does not address is how the search-incident-to-arrest...

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What role can a Judge play when Jurors ask a question during deliberations? People v. Fleming

What role can a Judge play when Jurors ask a question during deliberations? People v. Fleming

This is not uncommon at all in criminal trials: the Jurors begin deliberation and they get stuck and need clarification. Now, they can’t (well, are not supposed to..) just phone-a-friend or ask the Court Bailiff… But there are formal rules where they can write questions to the Judge, have the Judge talk with the attorneys, and get written responses back from the Judge. This September 27, 2018 case People v. Fleming* is a solid recap...

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A spoken verdict trumps a written one. People v. Bailey

A spoken verdict trumps a written one. People v. Bailey

Criminal cases must reach a unanimous decision. Yep, we know that. But HOW the verdict is given: that’s what this September 20, 2018 case People v. Bailey* discusses. Or more directly: the verdict is first written on a verdict form…but what if any Juror gives a different verdict verbally in Court? Which is the true verdict? Bailey rules the spoken verdict is the true one. Let’s dive in: Facts in Bailey: Criminal case with 2...

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