The Mellor Law Firm, APLC

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Condition Of Probation For Juvenile Overbroad.

December 28, 2015 by

Probation for juveniles

A juvenile ward of the court admitted he committed second-degree burglary and was placed on probation. On appeal, he challenged an electronic search condition requiring him to “submit…any electronics and passwords under [his] control to search by Probation Officer or peace officer with or without a search warrant.” The Court of Appeal found the condition […]

Filed Under: Appellate Law News, Children Law News, Criminal Law News, Fourth Amendment Law News, Legal News Tagged With: 242 Cal.App.4th 104

Suicide By Cop?

December 22, 2015 by

Fourth Amendment rights and excessive force

When police with an arrest warrant informed a man he was under arrest, the man sped away, leading police on an 85 to 110 mile-per-hour chase. Twice the man telephoned the police dispatcher to demand the police stop chasing him, telling the dispatcher he was armed and would shoot. Other officers set up spikes at places they thought the man’s car would reach. However, one officer devised a plan to shoot at the man’s car to force the car to stop.

Filed Under: Fourth Amendment Law News, Government Law News, Law Enforcement Law News, Legal News, U.S. Supreme Court Tagged With: 136 S.Ct. 305, 193 L.Ed.2d 255, 25 Fla. L. Weekly Fed. S. 555

“Challenging Someone Equipped With A Badge, Handcuffs, And A Gun To ‘Arrest Me’ Was Unwise.” The Ninth Circuit.

November 6, 2015 by

Fourth Amendment

This is the situation.  It’s a busy juvenile court in L.A. County, and the deputy public defender [P.D.] went back to her office. The judicial officer had 53 cases to be heard and wanted the P.D. there, but the P.D. did not answer her pages or pick up her phone, even though she heard them. […]

Filed Under: Fourth Amendment Law News, Law Enforcement Law News, Legal News Tagged With: 42 U.S.C. § 1983, 612 F.App'x 475

Once Emergency Lights Activated By Police, A Driver Is Considered Detained.

November 2, 2015 by

A Sheriff’s department received an emergency 911 call, reporting some people were fighting in an alley behind his home. The caller said he could hear screaming and one person had said, “the gun was loaded.” The caller stayed on the line, and shortly thereafter confirmed a squad car had arrived. As an officer drove along […]

Filed Under: California Supreme Court Law News, Criminal Law News, Fourth Amendment Law News, Law Enforcement Law News, Legal News Tagged With: 190 Cal.Rptr.3d 583, 353 P.3d 305, 61 Cal.4th 968

No Anti-SLAPP Protection For Wrongful Execution Of Warrant.

July 23, 2015 by

Anti-SLAPP

Plaintiff alleges Sheriff’s deputies unlawfully entered her residence on two occasions, attempting to arrest her daughter pursuant to a bench warrant which had already been recalled. In the process, she says a deputy made defamatory statements to her neighbors.  She brought an action against the County, the Sheriff and the deputies. Defendants moved to strike […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Civil Rights Law News, Constitutional Law News, Criminal Law News, Fourth Amendment Law News, Legal News Tagged With: § 425.16, 186 Cal.Rptr.3d 286, 236 Cal.App.4th 79, CCP § 425.16, Civ.Proc., Civ.Proc. § 425.16, Code of Civil Procedure section 425.16

White Collar Crime.

July 22, 2015 by

inform

A criminal defendant stood accused of defrauding lenders in a scheme involving submitting false information on loan applications. Witnesses who worked in defendant’s real estate agency cooperated with the government and testified against defendant at trial. A jury found her guilty of conspiracy, bank fraud, mail fraud and wire fraud. After her conviction, defendant found […]

Filed Under: Criminal Law News, Fourth Amendment Law News, Legal News, Ninth Circuit Court of Appeal Law News, Real Estate Law News Tagged With: 10 L.Ed.2d 215, 31 L.Ed.2d 104, 373 U.S. 83, 405 U.S. 150, 784 F.3d 532, 83 S.Ct. 1194, 92 S.Ct. 763

Dog Sniffs Car Stopped For Traffic Violation.

June 30, 2015 by

In Illinois v. Caballes (2005) 543 U.S. 405, [125 S.Ct. 834, 160 L.Ed.2d 842], a state trooper stopped a man for speeding. A drug officer heard about the stop over the police radio and went to the location with a drug-sniffing dog. While the man sat in the trooper’s car as the trooper wrote out […]

Filed Under: Civil Rights Law News, Constitutional Law News, Fourth Amendment Law News, Government Law News, Legal News, U.S. Supreme Court

Use Of Handcuffs On 6th Grader With ADHD Violates Fourth Amendment.

January 5, 2015 by Leave a Comment

Fourth Amendment

An 11-year-old child with attention-deficit and hyperactivity disorder [ADHD] was sitting in a school playground being nonresponsive to teachers. The boy forgot to take his medications that morning and was right next to a busy thoroughfare. Police were called. The dispatcher broadcast the school had “an out of control juvenile.” School authorities told police the […]

Filed Under: Children Law News, Fourth Amendment Law News, Legal News, Ninth Circuit Court of Appeal Law News

Same Pornographic Story; Different Twist.

December 30, 2014 by Leave a Comment

Pornographic

A man brought his computer in for servicing, and the repairman viewed what appeared to him “to be underage girls engaged in sexual activity.” He called the police. The responding officer indicated the images the repairman saw did not appear to be pornographic, but asked the repairman to search the rest of the computer. The […]

Filed Under: Appellate Law News, Children Law News, Constitutional Law News, Criminal Law News, Fourth Amendment Law News, Law Enforcement Law News, Legal News, Procedural Law News

Prior To Cell Phones, Our Founders Wrote: “The Right Of The People To Be Secure In Their Persons, Houses, Papers, And Effects, Against Unreasonable Searches And Seizures, Shall Not Be Violated.” Fourth Amendment.

September 16, 2014 by Leave a Comment

A California man was stopped for driving with expired registration. His car was impounded and an inventory search revealed loaded firearms. Incident to arrest, the man was also searched, and police seized his cell phone from his pants pocket. Police accessed information in the “smart phone,” and found significant evidence of gang involvement. In the […]

Filed Under: Fourth Amendment Law News, Legal News, U.S. Supreme Court

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Recent News

Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It

January 24, 2023 By Mark Mellor

For years you diligently save up to buy your first house. After months of searching through listings, you finally find your dream home and make an offer that gets accepted. Just days before closing, everything goes smoothly until you get an email from your "real estate agent" … Read More...

Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You

January 18, 2023 By Mark Mellor

Are you struggling to pay your mortgage loan? If so, a loan modification may be an option for you. Loan modification can make your loan more affordable and help you avoid foreclosure. But before applying for a loan modification, it's important to understand what it is, and … Read More...

You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney

January 3, 2023 By Mark Mellor

According to the Bureau of Transportation, around 13 car crashes occur every minute in the U.S. When an accident happens it's important to know what steps to take and how to protect your rights. The most important step you can take is to hire a qualified car accident attorney … Read More...

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The Mellor Law Firm, APLC
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