Can Police search your car if you’re carrying a legal amount of weed? People v. Lee, 10/3/19

Can Police search your car if you’re carrying a legal amount of weed? People v. Lee, 10/3/19

But I was carrying a legal amount of marijuana! That starts the facts of this case People v. Lee, decided 10/3/19*. Here, Police pull Lee over for driving with out a front license plate and tinted windows. Lee tells Police his license is suspended and doesn’t have a license. Police get Lee out of the car, search him, and find a legal amount of marijuana on Lee. Legal, per the passage of California Proposition 64 in 2016 means a person 21...

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Is running from police enough for them to detain you? People v. Flores

Is running from police enough for them to detain you? People v. Flores

Is running from police enough for them to detain you? The only real legal answer is “it depends.” Well, what if you’re running away from police and you’re running into a known high crime area…is that enough for the police to detain you? Again, it depends. And our 8/12/19 California Court of Appeals Decision* People v. Flores gives some guidance. These cases often turn on very particular facts, so it’s...

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Does a warrantless blood draw on an unconscious DUI suspect violate the 4th Amendment? Mitchell v. Wisconsin

Does a warrantless blood draw on an unconscious DUI suspect violate the 4th Amendment? Mitchell v. Wisconsin

Does a warrantless blood draw on an unconscious DUI suspect violate the 4th Amendment? We’ve been waiting on the answer to this question since 2016 with People v. Arredondo, which the Cal Supremes have been holding onto. Well, the US Supremes made the decision on their June 27, 2019 decision Mitchell v. Wisconsin (139 S. Ct 2525). And the answer is no, most likely drawing blood from an unconscious DUI suspect does not violate the 4th Amendment...

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Is a police officer approaching a car parked lawfully a detention? People v. Kidd

Is a police officer approaching a car parked lawfully a detention? People v. Kidd

Well, it depends on the facts…but People v. Kidd gives more guidance (from the Court of Appeals of California, Fourth District, Division Two, certified for publication on June 12, 2019, 2019 Cal. App. LEXIS 527). Let’s start with the law about whether police coming up to you is a detention: “As long as a reasonable person would feel free to disregard the police and go about his or her business, the encounter is consensual and no reasonable...

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