Tag Archives: fourth amendment

What is the “Special Needs Exception” to the Warrant Requirement?

Posted on February 28, 2011 by Wagner & Pelayes, LLP

By Risa S. Christensen You are dispatched to a residence on a “keep the peace” type of call. You are called out to keep the peace while one party retrieves her personal belongings from her residence.  You enter the residence … Continue reading →

Posted in Search and Seizure | Tagged , , , , , , , , , , , | 6 Comments

CIVIL OR CRIMINAL, THAT IS THE QUESTION

Posted on February 26, 2011 by Wagner & Pelayes, LLP

By Tristan G. Pelayes You get dispatched to a local car dealership, specifically the service department.  There is apparently a dispute between a customer that went to take his car in for repairs and the mechanics and managers of the … Continue reading →

Posted in Arrest and Use of Force Discussions | Tagged , , , | Leave a comment

No Fourth Amendment Violation for Collection of Inmate DNA Under California DNA Act

Posted on February 25, 2011 by Wagner & Pelayes, LLP

By Marty E. Zemming Hamilton is serving a sentence of thirty-nine years to life in state prison. He alleged prison guards attempted to break his arm in retaliation for “trouble-making.” The day after the alleged incident, the same prison guards … Continue reading →

Posted in Uncategorized | Tagged , , , , , , , , | 1 Comment