San Diego Da Address

Specialties: Rei do Gado is an authentic Churrascaria with Mesquite charcoal grill since 1999. Churrascaria is a restaurant serving various cuts of meats, grilled in a skewer which originated in Southern Brazil for centuries. We have San Diego covered. Known as the City in Motion, San Diego has one of the most dynamic economies in the US. Our virtual offices give you a cost-effective way to integrate into this vibrant community with a distinguished mailing address. San Diego Superior Court Introduces New Online Reservation System for Civil Independent Calendar Motions: November 25, 2020 General Order 112520-106 In Re: Extension of Time to Hold Felony Arraignments: November 19, 2020 General Order 111920-105 In Re: Face-Covering and Screening Requirements: November 18, 2020. Main Office: U.S. Attorney's Office Southern District of California. Federal Office Building. 880 Front Street, Room 6293. San Diego, California. TEL: (619) 557-5610 Or Toll Free (800) 544-1106. FAX: (619) 546-0720.

These legal updates are prepared as an ongoing service to the law enforcement community by retired Deputy District Attorney Robert Phillips, formerly of the San Diego County District Attorney’s Office.

Updates are issued approximately once per month, and a comprehensive Search & Seizure Update is issued annually.


November 29, 2020Download this update

  • Detentions for Investigation; Bulges in a Person’s Clothing
  • Marijuana Vehicle Searches
  • Closed Container of a Lawful Amount of Marijuana in a Vehicle
  • H&S § 11362.1(c) and a Vehicle Driver’s Protection from Detention, Search, or Arrest
  • California’s Marijuana Laws vs. Federal Law
  • Good Faith and Marijuana Vehicle Searches
  • Warrantless Entries into a Residence
  • The Attenuation Doctrine and Attenuation of the Taint
  • Fruit of the Poisonous Tree and Attenuation of the Taint
  • P.C. § 1538.5 Motions and Illegal Detentions
  • P.C. § 148(a)(1) When Perpetrated During an Unlawful Detention
  • Prison Visitors’ Strip Searches

November 7, 2020Download this update

  • Writ of Habeas Corpus Procedure per 28 U.S.C. § 2254(d)
  • Miranda Waivers; Incomplete Admonishments
  • Confessions and Involuntariness
  • Kelly Test Requirements and Dog Scent Trailing Evidence
  • Foundational Requirements for Dog Scent Trailing Evidence
  • Brady v. Maryland and Undisclosed Impeachment Evidence
  • Statutorily Protected Confidential Records and Potential Brady Material

October 6, 2020Download this update

  • Vehicles Searches and the Automobile Exception
  • Searches for Contraband Based Upon a Plain Sight Observation of Marijuana
  • H&S Code § 11362.1(c) and the Lawful Possession of Marijuana
  • Pinging Cellphones, the Fourth Amendment, and Exigent Circumstances
  • Miranda; Invocation of Right to Counsel
  • Edwards v. Arizona: A Clear and Unequivocal Invocation After a Prior Waiver
  • Selective Miranda Invocations
  • Considering the Context of an Attempted Invocation
  • Warrantless Searches of a Residence; Exigent Circumstances
  • Search Warrants and Probable Cause
  • Search Warrants; Use of Hearsay in a Warrant Affidavit
  • Search Warrants and the Search of the Curtilage of a Residence
  • Miranda; Admonishing in a Foreign Language
  • Miranda; Successive Interrogations
  • Coercion; A Free and Voluntary Confession
  • The Vienna Convention as it Relates to an Arrestee’s Confession

August 19, 2020Download this update

  • Spotlighting the Interior of a Vehicle
  • Detention of a Vehicle’s Occupants
  • Miranda and Equivocal Attempts to Invoke
  • The U.S./Mexico Treaty on Cooperation for Mutual Legal Assistance
  • Preservation of Potentially Exculpatory Evidence
  • Evid. Code § 351.1 Polygraph Examinations
  • Tipster Information of an Ongoing Crime
  • Reliability of Information From Identified, and Unidentified, Tipster(s)
  • Detentions for Investigation
  • Detentions and the Requirement that the Suspected Offense be Serious

July 26, 2020Download this update

  • Miranda and the Law - 6th Edition

July 14, 2020Download this update

  • The Automobile Exception to the Search Warrant Requirement
  • Proposition 64, H&S § 11362.1(c), and the Lawful Possession of Marijuana
  • DUI Arrests; Veh. Code § 23612; and Implied Consent to a Breath or Blood Test
  • Implied vs. Actual Consent to a Blood Test
  • Tape-Recordings and Transcriptions of a Defendant’s Confession
  • Offers of Leniency and Coercion; Comments on the Death Penalty
  • Mental Impairment and a Knowing and Intelligent Waiver of Rights
  • Delay in Arraignment for a Prisoner Subject to a Parole Hold
  • Incompetence of Counsel and Trial Strategy
  • Brady Error

June 10, 2020Download this update

  • Pen. Code § 632(a) & (d); Recording Confidential Communications
  • Proposition 8: “Right to Truth-in-Evidence;” Calif. Const., Article I, Section 28(f)(2)
  • The “ShotSpotter” System
  • Warrantless Residential Entries and the Emergency Aid Doctrine
  • Warrantless Residential Entries and Community Caretaking
  • Warrantless Residential Entries and Exigent Circumstances
  • The “Chokehold” and Unnecessary Force
  • The “Chokehold” and Qualified Immunity from Civil Liability

May 26, 2020Download this update

  • The Sixth Amendment and the Right to Confrontation
  • Hearsay Testimony and Deported Witnesses
  • Pre-Preliminary Examination “Due Diligence” Requirements
  • Border Patrol Detentions and Arrests
  • The Collective Knowledge Doctrine
  • Miranda and Selective Invocations
  • Parole Searches of Residences
  • Third Party Rights During a Parole Search
  • Probable Cause for Believing that a Parolee Resides in a Searched Residence
  • Miranda Custody and Minors
  • Welf. & Inst. Code § 625.6 and Minors Age 15 Years and Less
  • Implied Waivers and Minors
  • Coercive Interrogations and Fourteenth Amendment Due Process
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May 3, 2020Download this update

  • Sixth Amendment, Massiah Violations
  • Invocation of One's Right to Silence and Subsequent Questioning
  • Questioning of an In-Custody Suspect by an Undercover Police Agent
  • Fifth Amendment, Self-Incrimination
  • The Potential Coerciveness of an Interrogation
  • A Court’s Failure to Grant Bail as an Illegal Detention
  • The Sixth Amendment Right to Confrontation
  • Warrantless Search of a Cellphone Incident to Arrest
  • Doctrine of Inevitable Discovery
  • Citizen Informants and Probable Cause
  • Search Warrants and the Need for Specificity
  • Search Warrants and the Issue of Staleness
  • Kidnapping
  • Patdowns for Weapons

April 16, 2020Download this update

  • Traffic Stops
  • Reasonable Suspicion vs. “Hunch”
  • Vehicle Searches and the Legal Possession of Cannabis
  • Vehicle Searches and the Odor of Cannabis
  • Inevitable Discovery
  • Border Searches
  • The Lawful “Scope” of a Border Search
  • Cellphone Searches at the Border
  • Brady v. Maryland; A Prosecutor’s Duty to Provide Potentially Exonerating Evidence

March 23, 2020Download this update

  • Knock and Talks at a Resident’s Front Door
  • Anticipatory Search Warrants
  • Warrantless Exigent Circumstance Entries into a Residence
  • Consent Searches of a Residence
  • Consent to Enter One’s Residence
  • Scope of a Consent
  • Qualified Immunity From Civil Liability
  • Constitutionality of Using Destructive Means (Tear Gas) To Extricate a Person from a House
  • Warrantless Residential Entries and the Emergency Aid Exception
  • Warrantless Residential Entries and the Community Caretaking Exception
  • Warrantless Residential Entries and the Exigent Circumstance Exception
  • Good Faith Reliance Upon Overruled Case Law
  • Inventory Searches of Vehicles

February 1, 2020Download this update

  • 20th Annual Search & Seizure Update

January 27, 2020Download this update

  • The Danger Doctrine and Civil Liability
  • Leaving a DV Victim in More Danger Than He/She was Originally Found
  • Qualified Immunity from Civil Liability
  • Search Warrants and the Seizure of Electronic Devices
  • Delays in Searching Seized Electronic Devices
  • Good Faith Exception to the Exclusionary Rule
  • P.C. § 148(a)(1) and Refusing to Identify Oneself
  • Refusing to Identify Oneself Upon Being Cited for an Infraction

January 1, 2020Download this update

  • New and Amended Statutes for 2020

December 19, 2019Download this update

  • Warrantless Searches of Vehicles
  • Vehicles Searches for a Driver's Identification
  • Gang Expert Opinion Testimony
  • Sanchez Error
  • Miranda Violations and Voluntariness
  • Evid. Code § 1221; Adoptive Admissions
  • Reasonableness of the Use of Deadly Force by Police Officers
  • Fourteenth Amendment Due Process Deprivation of Companionship with One’s Child

November 23, 2019Download this update

  • Warrantless Blood Draws in DUI Cases
  • Blood Draws from an Unconscious DUI Arrestee
  • Miranda; Waiver of Rights
  • Use of a Ruse in Obtaining a Miranda Waiver
  • Miranda; Reinitiation of an Interrogation after an Invocation
  • Honeycutt, Clever Softening Up

October 28, 2019Download this update

  • Undercover Sex Sting Operations
  • P.C. § 288.3(a): Attempted contact with a Minor with the Intent to Commit a Sexual Offense
  • Vehicle Searches and Probable Cause
  • Marijuana Possession and Probable Cause to Search a Vehicle
  • Impounding Vehicles and the Community Caretaking Doctrine
  • Vehicle Inventory Searches
  • The Second Amendment Right to Keep and Bear Firearms
  • The Doctrine of Issue Preclusion
  • The Community Caretaking Doctrine as Applied to Residences
  • Warrantless Seizure of Firearms from a W&I Code § 5150 Patient

September 21, 2019Download this update

  • Brady v. Maryland
  • Pitchess v. Superior Court
  • Evid. Code § § 1043-1047
  • Discovery of Confidential Impeachment Evidence
  • Enforcement of DUI Probationary Conditions
  • Warrantless Seizure of a Blood Sample from a Fourth Waiver Probationary
  • Motions to Suppress, per P.C. § § 995, 999a, and 1538.5
  • Consensual Encounters and Detentions
  • Spotlighting
  • Good Faith and the Applicability of the Exclusionary Rule

August 30, 2019Download this update

  • Residential Entries and Community Caretaking
  • Residential Entries and Exigent Circumstances
  • Protective Sweeps
  • Miranda and the Reinitiation of an Interrogation
  • Admissibility of Un-Mirandized Victim/Witness’ (later Co-Defendant’s) Statements
  • Consensual Encounters vs. Detentions

July 27, 2019Download this update

  • Miranda; Intentional Violations
  • Voluntary Inculpatory Statements
  • Federal Habeas Corpus Review
  • A Defendant’s Reinitiation of an Interrogation Following an Invocation of Rights
  • DUI FSTs and Miranda
  • Miranda and Interrogations
  • Second Degree Murder
  • Privacy Interests in a Hospital Room
  • Consent Searches
  • Miranda and Non-Custodial Questioning
  • Miranda Waivers; Voluntariness
  • Pretrial Diversion per P.C. § § 1001.35 and 1001.36

June 21, 2019 Download this update

  • Collection of DNA Samples from Felony Arrestees, per P.C. § 496(a)(2)(C)
  • Fruit of the Poisonous Tree and Attenuation of the Taint
  • DUI Boat Drivers, per Har. & Nav. Code § 655(b)
  • Mandatory Advisal Requirements for Persons Arrested for DUI Boat
  • Search Warrants and Probable Cause
  • Search Warrants and Good Faith

May 22, 2019 Download this update

  • Searches Incident to Arrest
  • Probable Cause Searches
  • Suspicionless Pre-Transportation Searches of the Person
  • Odor of Marijuana
  • Search Warrants for Residences
  • Accessing Private Social Media Accounts
  • The California Electronic Communications Privacy Act and Voluntary Consent as an Exception
  • Prolonged Traffic Stops
  • Demanding Identification from Vehicle Passengers

May 11, 2019 Download this update

  • Search Warrants
  • State-Issued Warrants and Federal Law Enforcement Officers
  • Parole Searches; The Trunk of a Vehicle
  • GPS Trackers and Parolees
  • Good Faith and Obtaining CSLI Information
  • Traffic Stops, Dog Sniffs, and Prolonged Detentions

April 6, 2019 Download this update

  • Nakedness, the Fourth Amendment, and the Right to Privacy
  • Qualified Immunity vs. Civil Liability
  • Traffic Stops and Prolonged Detentions
  • Consent Searches
  • First Degree Murder Liability for an Aider and Abettor
  • Aiding and Abetting Under the “Natural and Probable Consequences” Doctrine
  • Searches of Abused Minor Children under the Fourth Amendment
  • Warrantless Physical Exams of Minor Children
  • A Parent's Fourteenth Amendment Substantive Due Process (Privacy) Rights
  • Special Needs Searches in Child Abuse Cases

March 6, 2019 Download this update

Address
  • Miranda and Fruit of the Poisonous Tree
  • Miranda and Interrogations
  • Due Process and Involuntary Confessions
  • Burglary of a Bank ATM
  • Shoplifting, per P.C. § 459.5
  • Warrantless Arrests on School Grounds and the Fourth Amendment
  • “Reasonableness” as it Relates to Arrests on School Grounds
  • The Special Needs Doctrine and Middle Schools

February, 2019 Download this update

  • 2019 Search & Seizure Update

January 1, 2019 Download this update

  • New and Amended Statutes - 2019

December 20, 2018 Download this update

  • DUI Cases and Warrantless Blood Draws
  • Disrupting a Government Meeting
  • Civil Liability and Retaliatory Arrests
  • High Speed Chases; Use of Force
  • PIT Maneuvers and Immunity from Civil Liability
  • Written Pursuit Policies; Necessary Training and Certifications
  • Detentions
  • Patdowns
  • Inevitable Discovery and Equitable Estoppel
  • Fourth Waiver Search and Seizure Conditions

November 26, 2018 Download this update

  • The Use of Force and Qualified Immunity
  • The Bane Act; Cal. Civil Code § 52.1
  • Heck v. Humphrey; Legal Effects of a Parallel Criminal Conviction
  • The Fourth Amendment Seizure of Personal Property
  • Fourteenth Amendment Due Process; Pre-Seizure Hearings and P.C. § 597.1(a)(1)
  • Gov’t. Code § 820.2 Immunity from State Tort Civil Liability
  • Vehicle Inventory Searches; the Rules
  • Vehicle Inventory Searches; The Officer’s Subjective Intent
  • Arrests and Probable Cause
  • Prolonged Detentions
  • Miranda; Custody
  • Missouri v. Seibert and Voluntariness

October 25, 2018Download this update

  • Miranda; Invocation of the Right to Counsel
  • Routine Booking Questions
  • Reinitiation of an Interrogation
  • The Functional Equivalent of an Interrogation
  • Vehicle Searches Incident to Arrest
  • Vehicle Searches with Probable Cause
  • Vehicle Searches with Probable Cause
  • Proximate Cause and Civil Liability
  • Negligence in Making Warrantless Entries of a Residence and Civil Liability
  • Knock and Announce (or Notice) Violations

September 28, 2018Download this update

  • Patdowns for Weapons
  • Odor or Marijuana in a Vehicle
  • Probable Cause Searches of Vehicles
  • Second Degree DUI Implied Malice Murder
  • Involuntary and/or Vehicular Manslaughter as Lesser Included or Lesser Related Offenses
  • Voluntary Intoxication in Implied Malice Murders
  • Warrantless Entry of a Residence
  • Tasers and the Use of Force
  • Firearms and the Use of Force
  • Qualified Immunity from Civil Liability

September 2, 2018Download this update

  • Burglary of a Room within a Residence
  • Detentions of Students
  • Searches of Students
  • School Resource Officers
  • Anonymous Informants
  • Searches of Vehicles; Inventory Search
  • Searches of Vehicles with Probable Cause
  • Searches of Hidden Compartments Within a Vehicle
  • Massiah Error
  • Sixth Amendment Right to Confrontation
  • Jail House Informants
  • Statements Against Penal Interest, per E.C. § 1230
  • Exception to the Aranda/Bruton Rule

August 1, 2018Download this update

  • Search Warrants
  • Federal Law Enforcement and State Search Warrants
  • Arrests and Probable Cause
  • Anonymous Informants and Probable Cause
  • Miranda; Admonishments and Successive Interrogations
  • Griffin Error; Comments on a Defendant’s Failure to Testify
  • Miranda; the Beheler Admonishment
  • Miranda; Custodial Interrogations

July 1, 2018Download this update

  • The Curtilage of a Home
  • Warrantless Searches of Vehicles
  • Searches of Rented Vehicles; Standing
  • Consent Searches
  • Parole Searches
  • Searches of Cellphones
  • Hearsay Testimony Offered to Rebut Third Party Culpability Evidence
  • Fourth Waiver Searches
  • Warrantless Searches of Residences Over a Resident’s Objection

June 9, 2018Download this update

  • Animal Abuse and Exigent Circumstances
  • Warrantless Searches Within the Curtilage of a Home
  • Search Warrants; Excising Illegal Observations
  • Search Warrants; Staleness
  • Miranda; Offers of Leniency
  • Arrests; Mistaken Identity
  • Detentions During Execution of an Arrest Warrant
  • Excessive Force and Qualified Immunity
  • Search of the Person as a Product of an Illegal Arrest
  • Search of a Residence for an Absconding Parolee
  • Retaliatory Police Conduct as a First Amendment Violation

May 15, 2018Download this update

  • Use of Deadly Force
  • Qualified Immunity
  • Warrantless Residential Searches; Emergency Aid Exception
  • Detentions of Visitors During a Fourth Waiver Search
  • Prolonged Detentions
  • Search Warrants; the Particularity Requirement
  • Good Faith
  • Vehicle Inventory Searches
  • Inevitable Discovery

March 20, 2018Download this update

  • Fourth Amendment Seizures of a Child
  • Fourteenth Amendment Deprivation of a Family Relationship
  • A Government Entity’s Civil Liability for Failure to Train
  • Threats of the Death Penalty and Offers of Leniency
  • Youth and Length of an Interrogation as Related to Voluntariness of a Confession
  • Dissuading Witnesses

March 2018Download this update

  • 2018 Search & Seizure Update

February 11, 2018Download this update

  • Arrests and Probable Cause
  • Qualified Immunity and Clearly Established Precedent
  • Miranda; Waiver of Rights
  • Confessions and the Issue of Voluntariness
  • Miranda; Honoring a Suspect's Invocation of his Right to Counsel
  • Miranda; Waiver of a Suspect's Right to Counsel Upon his Attempted Reinitiation of an Interrogation

January 19, 2018Download this update

  • Miranda and Custodial Interrogations
  • The Beheler Admonishment
  • Ident-A-Drug Website; Admissibility in Evidence
  • Ident-A-Drug Website; Hearsay and Confrontation Issues
  • Controlled Substances; Proof by Circumstantial Evidence
  • Miranda; Waiver of Rights and Implied Waivers
  • Juveniles and Interrogations
  • Interrogation Tactics; Offers of Leniency
  • Interrogation Tactics; Use of Deceptions

January 1, 2018Download this update

  • New and Amended Statutes for 2018

December 15, 2017 Download this update

  • The California Public Records Act; Information Contained in Private Electronic Devices
  • DUI; Scope of a Consent for the Withdrawal of a Blood Sample
  • DUI; Warrantless Blood Draws and Consent
  • Cellphones and Fourth Waiver Searches
  • Searches of Containers in Vehicles
  • Probation and Parole Searches of Vehicles
  • Inevitable Discovery Doctrine

November 21, 2017 Download this update

  • P.C. § 148(a)(1) and Flight from an Attempted Detention
  • P.C. § 1170(h)(5); Mandatory Supervision Searches
  • P.C. § 245(c): Assault on a Peace Officer
  • Pretextual Stops
  • Administrative Searches
  • Fruit of the Poisonous Tree Doctrine
  • Search Warrants and the Particularity Requirement

November 3, 2017 Download this update

  • Vehicle Code § 22520.5(a); Soliciting on Freeway Ramps
  • Miranda; Anticipatory Invocations in a DUI Context
  • Miranda; the Booking Questions Exception
  • Trespass, per P.C. § 602.1(a)
  • Prolonged Detentions
  • Fruit of the Poisonous Tree Doctrine
  • Coordinated Traffic Stops and the Fourth Amendment
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October 12, 2017 Download this update

  • Carjacking, per P.C. § 215(a); Force
  • Search Warrants and Material Omissions
  • Child Pornography
  • Consensual Encounters vs. Detentions
  • Patdowns for Weapons

September 8, 2017 Download this update

  • Use of Deadly Force and Failure to Warn
  • Civil Liability, Qualified Immunity, and Clearly Established Precedent
  • Detentions Based Upon Telephone Tipster Information
  • Arrests; Flight from an Attempted Detention
  • Searches Incident to Arrest
  • Searches of Vehicles with Probable Cause
  • Texting While Driving, Vehicular Manslaughter, and Gross Negligence
  • P.C. § 632(d); Confidential Communications
  • P.C. § 633.5 as it relates to the “Vicarious Consent Doctrine”

August 19 Download this update

  • Searches Incident to a Non-Bookable Offense
  • V.C. § 22350; the Basic Speed Law
  • P.C. § § 664/288(a); Attempted Lewd and Lascivious Act on a Child Under 14
  • P.C. § 422; Criminal Threats
  • Use of Force and Police Service Dogs

July 22, 2017Download this update

  • Large Capacity Magazines (Admin. Notes)
  • Brady & Pitchess (Admin. Notes)
  • Use of Force and the “Provocation Rule”
  • Thirty Day Impounds of Vehicles per V.C. § 14602.6(a)
  • Firearms and W&I Code § 5150 Mental Patients
  • V.C. § 31; Providing False Information to a Peace Officer
  • P.C. § § 849.5 and 851.6(b) & (d); Unfiled Arrests being Denoted as Detentions

June 29, 2017Download this update

  • Miranda Invocations
  • Consent Searches of a Residence
  • Inevitable Discovery
  • Protective Orders per Family Code §§ 6218 & 6389
  • Search Warrants; Redacting Illegally Obtained Information
  • Miranda Admonishments
  • Miranda; Implied Waivers
  • Miranda; Reinitiation of an Interrogation After an Invocation of the Right to Remain Silent

May 1st, 2017Download this update

  • Searches of Cellphones
  • Searches Incident to Arrest
  • Searches Incident to Citation
  • Knock and Notice
  • Residential Entries Based Upon the Consent of a Cotenant
  • Theft by False Pretenses
  • The Californians Against Sexual Exploitation Act (CASE Act)
  • Juveniles and the CASE Act

March 24, 2017Download this update

  • DUI Blood Extractions and Consent
  • Disorderly Conduct per P.C. § 647(j)(1)
  • Reasonable Expectation of Privacy
  • V.C. § 2800.2; A Distinctive Uniform
  • Vehicle Inventory Searches
  • Vehicle Searches Incident to Arrest

March 2017Download this update

  • 2017 Search & Seizure Update

February 1, 2017Download this update

  • Robbery and Community Property
  • Burglary; Entry of a Room Within a Structure
  • Police Dogs and Use of Force
  • The Dissipation of Probable Cause or a Reasonable Suspicion
  • Protective Sweeps
  • Residential Searches and the Exigency Exception to the Search Warrant Requirement

January 3, 2017Download this update

  • New and Amended Statuses for 2017

December 5, 2016Download this update

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  • Vehicle Impoundments and the Community Caretaking Doctrine
  • Vehicle Inventory Searches
  • Search Warrants and Motions to Traverse
  • Standing, and Searches of Vehicles
  • Searches of Vehicles not Listed in a Search Warrant
  • Detentions and Reasonable Suspicion
  • Consensual Encounters and Detentions
  • Vehicles Searches; Searches for Identification and Vehicle Documentation

November 14, 2016Download this update

  • Confessions and Offers of Leniency
  • Postrelease Community Supervision and Fourth Amendment Waivers pursuant to P.C. 3456(a)
  • P.C. § 148(a)(1) and a Defendant’s Refusal to Cooperate
  • Miranda; Unequivocal Invocations to Remain Silent
  • Coercive Interrogations
  • Curbstone and Photographic Lineup Procedures

October 24, 2016Download this update

  • Dirk or Dagger, per P.C. §§ 21310 & 16470
  • Assault on a Peace Officer with Force Likely to Produce Great Bodily Injury; per P.C. § 245(c)
  • Drunk in Public and Civil Commitments, per P.C. § 647(g)
  • Residential Burglaries and Circumstantial Evidence
  • Attempted Burglaries
  • Attempts, per P.C. § 654
  • Gang Enhancements, per P.C. § 186.22(b)(1)
  • Evading a Peace Officer per V.C. § 2800(a)

September 23, 2016Download this update

  • Use of Force and High Speed Chases
  • Search Warrants: Material Omissions
  • Search Warrants: Stale Information
  • Search Warrants: A Franks Motion to Traverse
  • Battery, per P.C. § § 242 & 243.6
  • Battery, per P.C. § § 242 & 243(e)(1) ; Indirect Touching
  • Confessions; Offers of Leniency
  • Cooperation Agreements
  • Robbery/Murder Special Circumstances
  • Use of Recalcitrant Witnesses, Hearsay, and the Sixth Amendment

August 24, 2016Download this update

  • Probation Fourth Waiver Searches
  • Search Warrants to Eliminate Suspects
  • Buccal Swab Evidence
  • The Posse Comitatus Act
  • Estimations of Speed as Reasonable Suspicion for a Traffic Stop
  • Residential Burglaries and Recreational Vehicles

July 24, 2016Download this update

  • Arrest Warrants
  • Fruit of the Poisonous Tree; Attenuation of the Taint
  • DUI Arrests and Blood or Breath Tests
  • Searches with Exigent Circumstances
  • Searches Incident to Arrest
  • Implied Consent and DUI Arrests
  • Officer Safety
  • Detentions Without Reasonable Suspicion
  • Gang Prosecutions
  • Gang-Related Expert Opinions

June 24, 2016Download this update

  • Prolonged Detentions
  • Detentions and Reasonable Suspicion
  • Detentions and the Use of Handcuffs
  • Infraction Offenses and Custodial Arrests
  • Reverse Sting Operations and Outrageous Governmental Misconduct
  • Entrapment
  • Residential Burglary
  • Commercial Burglary
  • Forgery and the Intent to Defraud

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May 26, 2016Download this update

  • Firearms; Carrying in a Backpack on the Person
  • Miranda: Unequivocal Invocation of the Right to Remain Silent
  • Miranda: Unequivocal Invocation of the Right to Counsel
  • A Claim-Of-Right Self-Help Defense Under CALCRIM No. 1863
  • Prolonged Traffic Stops

April 24, 2016 Download this update

  • Fourth Waiver Cellphone Searches
  • Good Faith Cellphone Searches
  • Miranda; Invocation of Right to Remain Silent
  • Interrogations; Coercion
  • Blood Draws from an Unconscious DUI Suspect
  • Implied Consent, per V.C. § 23612(a)(5)
  • Good Faith Reliance Upon a Statute
  • Loitering Near School Grounds, per P.C. § 654b

March 31, 2016 Download this update

  • Knock and Talks
  • Protective Sweeps
  • Inevitable Discovery
  • Street Terrorism, per P.C. § 186.22(a)
  • Juvenile Probation Conditions and Electronic Social Media
  • Criminal Street Gang Allegations, per P.C. 186.22(b)
  • Miranda and the Two-Step Interrogation Technique

January 2016Download this update

  • 2016 Search & Seizure Update

February 23, 2016Download this update

  • Miranda and Implied Waivers
  • Confessions and Coerced Statements
  • Offers of Leniency
  • Miranda; Ambiguous Attempts at an Invocation
  • Sixth Amendment Right to Counsel
  • Criminal Street Gang Allegations, per P.C. 186.22(b)
  • Interrogation Techniques and Minors

January 21, 2016Download this update

  • P.C. § 148(a)(1) and Exhorting Others Not to Cooperate with Police
  • P.C. § 148(a)(1) and Refusing to Cooperate with Police
  • P.C. § 148(a)(1) and a Detainee Refusing to Identify Himself
  • Search Warrants; Staleness and Breadth
  • Disorderly Conduct, per P.C. 647(j)(2); An Identifiable Person
  • Permitting a Loaded Firearm In a Vehicle; per P.C. § 26100(a)
San diego county da office

January 1, 2016Download this update

  • New and Amended Statutes for 2016