The Brave New World of Law Enforcement Investigation The digital age has changed everything in the world around us and law Enforcement is no exception. Back in the old days, police investigation procedures were limited to talking with potential witnesses, taking lots of photographs, lifting fingerprints, forensic analysis of blood,…
California Criminal Defense Lawyer Blog
New California Law On Law Enforcement Seizing Property
NEW CALIFORNIA LAW PULLS IN THE REINS ON LAW ENFORCEMENT’S SEIZING OF PROPERTY You have probably heard of civil asset forfeiture but did you know that under this procedure law enforcement can confiscate property—be it money, a house, a vehicle, or any other asset—without any due process to the owner…
NEW LAW REQUIRES GANG DATABASE TRANSPARENCY AND ACCOUNTABILITY
In earlier blog posts, I discussed the CalGang Database, a database collected and used by law enforcement throughout California. I discussed how this database is kept in secret and many who are included in the database are unaware of their inclusion and worse yet, many who are listed in…
NEW CALIFORNIA LAW PROSECUTES THE PROSECUTOR WHO TAMPERS OR WITHHOLDS EVIDENCE
In 2015, Orange County Superior Court Judge Thomas Goethals removed the Orange County District Attorney’s Office from the trial of Scott Dekraai, who was accused and since convicted of the worst mass murder in Orange County. Judge Goethals booted the District Attorney’s Office from the case after an investigation…
CIVIL LITIGANT GETS THE CRIMINAL TREATMENT
Zulmai Nazarzai was never convicted of a crime; he was never even charged with a crime. Yet he has been sitting in solitary confinement in the Orange County jail for six years now. That is a long time to spend in solitary confinement. In 2010, the California attorney general…
CalGang Database Contains Numerous Errors and Incorrect Information
Beginning in the 1970’s, California police departments started a system of filling out 5- by 7-inch index cards, known as “field cards”, whenever the officer encountered a person suspected of having a gang affiliation. The cards included the person’s name, their “gang moniker”, gang affiliation and other identifying information.…
FLYING A DRONE? BE AWARE OF THE EVER-EVOLVING DRONE OPERATOR’S LAWS
Look up in the sky! No, it’s not Superman, it’s a drone. Well, maybe some of you are too young to get the reference but drones are becoming a modern version of Superman. They can, and are, being used to ferret out criminal activity and fight forest fires. They…
Being Associated With A Gang In California Can Carry Serious Consequences
CalGang Database Contains Numerous Errors and Incorrect Information Beginning in the 1970’s, California police departments started a system of filling out 5- by 7-inch index cards, known as “field cards”, whenever the officer encountered a person suspected of having a gang affiliation. The cards included the person’s name, their “gang…
CALIFORNIA LAW REGARDING GANGS AND STREET TERRORISM
WALKING THE GANGPLANK In 1988, the California Legislature enacted the STEP Act; STEP stands for “Street Terrorism and Enforcement.” This legislation added penalties for participation in a street gang (Penal Code §186.22(a)) and provided for sentencing enhancements [1] (Penal Code 186.22(b)) to a felony conviction that is found to be…
Theft Laws In California
NUTTY THIEVES My father always reminded me that “money doesn’t grow on trees.” Well, that’s not exactly true. In California’s Central Valley thieves with computer hacking skills have stolen millions of dollars of tree nuts. Yes, tree nuts — like almonds, pistachios, and cashews. These high-tech thieves hack into shipping…