Police Use of GPS on Drug Dealer’s Car Without a Warrant Held Improper; Evidence From it Thrown Out
Jan 25, 2012
On Monday, January 23, 2012, the U.S. Supreme Court unanimously ruled that evidence gathered by police using a GPS fastened to a drug dealers car without a warrant was improperly obtained.
Wit...
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A “No Contest” Plea to New Criminal Charges Can Constitute A Probation Violation.
Dec 08, 2011
A no contest plea is distinguishable from a guilty plea. Once who pleas no contest does not admit factual guilt, although it allows him to be punished as if guilty to take advantage of a plea bargai...
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Conspiracy Liability Very Broad for Robbery – Beware
Dec 08, 2011
Under California law, a person involved in a crime is either a principal or an accessory. Cases decided by our Supreme Court have included conspirators as principals, as conspirators fall within the ...
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Conviction for Accessory to Shoplifting and Burglary Has Lesson For Those Defending Such Charges
Dec 05, 2011
Raymond Mooney and his girlfriend, Janna Lorette, drove together to a San Bernardino Stater Brothers grocery store. Mooney and his two small children entered first. About twenty seconds later, Ms. L...
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California Federal Court Errs in Imposing Residency Restriction on Man Who Has Illegal Sex Overseas
Dec 05, 2011
In both state and federal court, it is common for courts to impose probation conditions that prohibit sex offenders from living near certain areas that might cause the offender to relapse and enda...
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Suspect’s Fifth Amendment Rights Not Violated When He Volunteered Statements About His Killing Anoth
Dec 01, 2011
Thomas Kemp kidnapped Hector Juarez, used Juarezs ATM card to withdraw $200 from Juarezs bank account and then used a .380 handgun to shoot Juarez twice in the head, killing him. Kemp then made two m...
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Co-Owner Of Computer Can Consent To Search Of Computer That Incriminated Other Owner Of Child Porn
Nov 30, 2011
Kevin Stanley and his girlfriend, Tiana Stockbridge, lived together until the two broke up in 2004. While they were together, they co-owned a computer, which they each used.Stanleyhad a password ...
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Drug Evidence Suppressed When Police Improperly Stop Vehicle
Nov 28, 2011
La Habrapolice officer Nick Wilson observed Defendant Paul Carmona make a right turn without using his turn signals.Wilsonwas about 40 yards away and traveling in the opposite direction, so he was una...
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Cocaine Courier’s Sentence Not Reduced Due to Large Quantity Seized
Nov 23, 2011
La Habra police officer Nick Wilson observed Defendant Paul Carmona make a right turn without using his turn signals. Wilson was about 40 yards away and traveling in the opposite direction, so he wa...
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In Counterfeit DVD And CD Case, Victim Cannot Recover Potential Economic Loss
Nov 22, 2011
California Penal Code 1202.4(r) governs the method for calculating restitution in fraudulent DVD and CD cases.
When Hector Garcia and Martin Avila were charged in 2009 with violating Penal Code 6...
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