A woman was cited for failing to stop at a red light. Evidence against her was generated by an automated traffic camera enforcement system [aka red light traffic camera]. She objected to the admission of the traffic camera photograph and 12-second video on the basis of lack of foundation. At her infraction trial, a City […]
46 Months For Un-Social Media Postings & Stalking.
Criminal defendant sent sexually suggestive and threatening texts and emails to his former girlfriend and her friends. He created a Facebook page in her name and posted nude photos of her on it. A jury found him guilty of stalking in violation of 18 U.S.C. § 2261A (2)(A) & 2261 (b)(5). On appeal, defendant contends […]
Remanded For Possible Fourth Amendment Violation.
During the strip search portion of an arrest, a suspect possibly feigned a seizure and was observed “pushing his finger in his anus attempting to conceal an item” in a plastic baggie. Paramedics took him to a hospital where a doctor unsuccessfully tried to remove the baggie by inserting his fingers into the suspect’s rectum. […]
To Err Is Human, And To Blame It On A License Plate Computer Is Even More So — Robert Orben.
Plaintiff was driving along and police made a “high risk” stop. They held her at gunpoint, handcuffed her, forced her to her knees and detained her for 20 minutes. Turns out, the Automatic License Plate Reader [ALPR] made a mistake, and identified her car as a stolen vehicle. Eventually the police ran a check of […]
Destroy Or Remove Fixtures From Foreclosed Property And Go To Jail.
Under Penal Code section 502.5, a borrower under a loan secured by real estate may not intentionally harm the lender by removing statutorily specified improvements from the encumbered premises. Defendants, a husband and wife, were convicted of violating section 502.5 by taking fixtures from their foreclosed home. A jury found an enhancement of “great taking” […]
Totality Of The Circumstances: What Happens After Someone Drops A Dime?
CHP officers observed nothing unusual, but pulled the pickup over anyway. They smelled marijuana and searched the truck, finding 30 pounds of weed. They arrested the two men inside. The men moved to suppress the evidence, arguing the traffic stop violated the Fourth Amendment because the officer lacked reasonable suspicion of criminal activity. This case reached […]
Not-So-Brave D&D Free New World We Live In!!
This is the situation: A woman, later the criminal defendant, apparently upset with another woman for being the successful bidder on a home defendant wanted to buy, impersonated the other woman, later the victim, by advertising online for sexual partners and “invited men who responded to the advertisement to appear at the victim’s home unannounced […]
Boris And Natasha Boobytraps Outdone.
The court’s introduction says it all: “Defendant [] was charged with a number of drug offenses that exposed him to a maximum of 11 years in state prison. How did defendant attempt to avoid those 11 years? By trying to kill the detective whose testimony was required to convict him, of course. None of the […]
Death Row Inmate Wants D.A.’S Records.
A prisoner sentenced to death row seeks various records from the district attorney under the California Public Records Act [CPRA; Government Code section 6250] to assist in investigating whether the district attorney impermissibly sought the death penalty based on the race of the defendant, the victim, or both. In ordering the records produced, the appellate […]
Press Access To Juvenile Courts.
A blanket order in LASC’s juvenile court provides that all members of the press “shall be allowed access” to dependency hearings unless there is a reasonable likelihood that access will be harmful to the child’s best interests.” The order further provides that no one may be denied access to a courtroom until an objection has been […]
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