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Tag Archives: police defense
What is the “Special Needs Exception” to the Warrant Requirement?
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 arrest warrant, California Domestic Violence Prevention Act, civil liability, exceptional circumstances, fourth amendment, Henderson v. city of simi valley, police defense, search and seizure, search warrant, special needs exception, unlawful entry, warrant
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CIVIL OR CRIMINAL, THAT IS THE QUESTION
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
No Fourth Amendment Violation for Collection of Inmate DNA Under California DNA Act
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
THIS BLOG’S FOR YOU
by Risa Christensen What’s worse than having the judge dismiss the charges as to your arrest of a thug because he finds you did not have sufficient probable cause to arrest? And having to pay that thug when he sues … Continue reading
WHO LET THE POLICE DOGS OUT
By Brandi L. Harper As discussed previously, the reasonableness test applies in cases where the fourth amendment search and seizure issues arise. These issues also arise in cases involving police dogs, especially when they are sent to bite and hold … Continue reading