Law Enforcement Digest Flashcards
STATE VS SANDOVAL
An Access Device only needs to satisfy “Can Be Used” at the time it was stolen.
STATE VS CARRIERO
Officers blocked a car in an alley from either side
Asked for ID
This is a seizure.
Case overturned.
CITY OF SHORELINE V MCLEMORE
“OBSTRUCTED” a DV by not opening door.
Supreme court 4/4 split.
Is passive resistance, not opening a door, obstruction?
This is more likely to work with a vehicle
STATE V JOHNSON
"Hey, is this Taylor's car" Officer ruse sounded like investigation, which sounds like detention. Add to that they prevented exit. This is a seizure. Gun found. Gun lost. Overturned
STATE V MELLAND
Dude breaks gf finger while grabbing phone to prevent dv.
This prevents DV. This was not intentional assault.
Assault Overturned.
GF tells doctor about it. Wasn’t dr’s intent to interrogate. This is cool
STATE V CONNORS
Attempt to elude requires an officer “in uniform”
A plate carrier with “police” is fine.
Describe your uniform in police reports
STATE V HAGGARD
A SW must be particular, but can have generalities at the same time.
A SW must not have reckless omission.
Plain view discoveries do not exceed scope.
Moving an item to document a serial number is neither search nor seizure.
Upheld.
UNITED STATE V BROWN
A report of a person with a gun (legal) is not enough for Terry, even with flight.
Overturned.
STATE V EARL RAY PHILLIPS
Force in a robbery can be to retain a stolen item or impede rightful owner from retrieving.
Upheld
STATE V VANCE
BITTORRENT case.
Admin subpoena eventually ok
Warrant is particular when it refers to statute.
Consider defining “sexually explicit conduct”
STATE V HARRIS
Two people sleeping in a car leading to arrest for drugs.
Overturned.
Fucking knock first.
RODRIGUEZ V CITY OF SAN JOSE
220 husband gets his guns taken.
Wife fucking sues.
Taking the guns was fine.
STATE V SCANLAN
Old man DVed by young gf.
Dr statements got her convicted.
Non-testimonial doctor statements are all good.
Don’t influence a dr.
STATE V ANDERSON
Totality determines exigent blood draw. HORRIFIC collision. Bad injuries for suspect. 90 minutes to get a warrant. Signs of impairment
STATE V BOISSELLE
Carpet wrapped body in a garage.
“Community caretaking” entry formulated after the discovery of a crime was unlawful.
Search was pretext.
Search warrants can reference “Fail to notify coroner” law to discover dead bodies.
STATE V PECK
AUTOMATIC STANDING
You can challenge search and seizure even when you have no privacy interest IF possession is element of crime and defendant in possession at time of search.
Inventory searches on stolen vehicles are a little different because you are sorting out who owns what.
Unlocked innocuous containers cool to search. Less innocuous (purse, bag), not so much.
Justices Split
STATE V VELLELA
This one overturned Hailey’s law.
Mandatory impound is unconstitutional
STATE V ALEXANDER
Don’t search a backpack when it’s not held, worn, or carried.
Possession at “Time of arrest rule”
STATE V RICHARDS
May search closed, unlocked container.
Zippered pouch in a purse incident to arrest.
“Time of arrest” rule satisfied
CITY OF VANCOUVER V KAUFMAN
A PBT is a search incident to arrest.
Original arrest NOT for dui, so you can’t tell jurors he refused.
BLIGHT V CITY OF MANTECA
If suspect controls a whole property,
dwellings occupied in common,
and entire property is suspect
warrant can be whole property.
TUUAMALEMALO V GREENE
No qualified immunity when you LVNR a non-resisting subject.
STATE V DILLON
Threatening someone in a 7-11 and not allowing them to leave is unlawful imprisonment.
Alternate means of escape is a defense, not an element.
STATE V STEWART
Don’t have to see dick for indecent exposure.
STATE V FARLEY
Overturned for particularity.
Warrant to seize phone does NOT authorize search of phone.
ORN V CITY OF TACOMA
No qualified immunity when you shoot through side and back of car moving at slow speed.
STATE V WHITAKER
Duress doesn’t work for murder, homicide, homicide by abuse.
Duress is a jury instruction.
Jury instructions help you investigate better.
STATE V RILEY
DV threats over phone.
Prior bad acts can’t prove deeds
Prior bad acts CAN prove fear.
KANSES V GLOVER
You can stop a revoked license if you don’t see a reason NOT to.
You don’t need evidence to support.
STATE V JOHNSON 2
MECTF net nanny.
Not entrapment if you only provide opportunity for crime.
STATE V TYSYACHUK
Jerky movements, over fog line, cutting off another driver
This is good for a stop, taking into account officer experience.
STATE V JONES
Possession of stolen property plus slight corroborating evidence = conviction.
In this case, forged trip permits, punched ignition, plate on floor, shaved keys.
USA V FRANZ GREY
Code enforcement can’t be used as pretext for criminal investigation.
Overturned.
Administrative search exception exists for code enforcement, but can’t be for criminal investigation.
STATE V CANFIELD
Slight additional activity on top of passive resistance = obstruction.
Sleeper in a truck tried to drive away, resisted handcuffs, lied about id, ignored commands, hiding firearm.
STATE V GLANT
Net Nanny
Voluntary communication by text has risk of not being private.
Outrageous government conduct!
Using private org is ok as long as they don’t take over investigation.
STATE V RICKY RAY SEXTON
Meth residential warrant.
Knock and announce required, even on compromised approach.
Upheld, but document this well.
STATE V CAMERON J ELLIS
Big DV mess. Ellis multiple assaults.
Victim statements can’t be admitted through LEO if they are testimonial.
STATE V AARON MARK HARRIER
CyberTip.
No privacy interest with contraband.
No violation in opening CyberTip images.
STATE V KRISTOPHER CHARLES MARTIN
Sleeper in StarBucks.
A spoon is a not a weapon, so don’t pull it out of someone’s pocket you dummy.
Overturned.
STATE V REECE WILLIAM BOWMAN
HSI account takeover of drug buyer. Ordered up and arrested Bowman.
Overturned.
Privacy interest in speaking with known associate.
US V RAMIREZ
CP residential warrant
Warrant included vehicles.
They rused Ramirez home.
Overturned since they tried to game the system.
STATE V DANIEL LUDWIG KEEN
Rape in 2009. No charges until 2018. Dismissed. Preaccusatorial Delay Actual Prejudice What are reasons for Prejudice Weight reasons against prejudice to determine if justice possible
UNITED STATES V NGUMEZI
Traffic stop with a gun.
Overturned
Opening a passenger door and leaning inside is unreasonable.
STATE V TERESA JUNE YORK
York was a getaway driver for a car prowl.
Terry stop led to york’s warrant arrest / found meth.
Upheld.
Totality made it cool to stop.
CANIGLIA V STROM
Dude told wife to shoot him.
Cops get dude to treatment and took his guns.
No right to confiscate guns on community caretaking here.
US V BROWN
Pissing in public.
Officers found drugs on frisk.
Overturned.
Pulling drugs out not cool, not a weapon.
STATE V PINES
Warrant arrest on a dude. Found a gun on him. No one verified the warrant prior to operation.
Overturned. Need to verify warrants day of.
LANGE V CALIFORNIA
Hot Pursuit DUI into a suspect’s garage.
Overturned
Get a fucking warrant, it’s easy.
STATE V RIDGLEY
Narcotics wire to buy drugs.
Overturned.
Why? Need to list EACH officer name on wire authorization.
