You’ve been stopped by the police for speeding. Can the officer search your vehicle without your consent? The answer is yes and no. Yes, the officer can search your vehicle, without your consent, if he or she has probable cause to believe your vehicle contains evidence of a crime. This…
A law enforcement officer can perform a temporary investigative detention of an individual only when the officer can articulate specific facts, which considered in light of the circumstances, provides an objective reason to believe the individual is engaged, or about to engage, in criminal activity. (A detention occurs when an…
The Fourth Amendment provides that law enforcement cannot conduct a search of property or person without a valid warrant. Any warrantless search is unlawful and should law enforcement arrest you pursuant to that search, the arrest itself becomes unlawful. However, there are exceptions where a warrantless search is permitted under…
You might recall a news item from 2021 when a laser pointer was aimed at a Huntington Beach Police Department helicopter investigating a fatal hit and run accident. These types of dangerous pranks are not new to police department arial surveillance and investigations. In this case, the police were able…
Everyone is familiar with the term “Miranda rights.” This right derives from a 1966 U.S. Supreme Court case, Miranda v. Arizona. The Miranda court held that the Fifth Amendment to the U.S. Constitution, which protects someone accused of a crime from self-incrimination, includes protections for suspects who have been arrested…
As has been discussed many times in these pages, the Fourth Amendment secures the right to be free of searches absent a warrant establishing probable cause. A law enforcement search without probable cause is unlawful. …Or so they say. Over the years, many exceptions to this right have been carved…
You are hanging out in a park with a couple of friends. Two police officers show up and ask you and your friends what you are doing in the park. You walk away, which is within your rights. If you do attempt to walk away and the officers prevent you…
No doubt you have heard the news that Alec Baldwin is to be charged with involuntary manslaughter after fatally shooting a cinematographer on set. I won’t recount the alleged series of events leading up to this charge as most everyone is familiar with the story. What is important to know…
A person convicted by a judge or jury of a misdemeanor or a felony has a right to appeal that conviction. However, it is not enough to be unhappy with the verdict or think the trial was unfair, there are specific grounds upon which the appeal may be made. Appeals…
In 2017, California instituted a new lawthat prohibits law enforcement from seizing any asset valued over $40,000 in what is known as civil asset forfeiture. Civil asset forfeiture is nothing more than official theft by the state under the color of law. Basically, it allows law enforcement to seize…