Skip to content

Illegal Detention–Does Discovery of a Parole or Probation Search Condition Remove Taint Under the Attenuation Doctrine

(1) Is the discovery of a parole or probation search condition an intervening circumstance that removes the taint of an illegal detention under the attenuation doctrine? (2) What constitutes purposeful and flagrant police misconduct under the attenuation doctrine analysis? Held: As a general rule, evidence seized as a result of an unlawful search or seizure is inadmissible against the defendant…

Case: People v. McWilliams (2023) __ Cal.5th __
Case Number: S268320/H045525
Updated: February 23, 2023
Read more

Whether Defendant Was Detained When Officer Shone a Spotlight on Defendant’s Parked Car and Ordered Passenger to Stay Near Car

Was defendant unlawfully detained when the arresting officer used his spotlight to illuminate defendant's parked car and then directed a passenger who exited the car to remain outside and stay on the sidewalk near the car? Held: A sheriff's deputy patrolling after dark saw three people sitting in a legally parked car in a residential neighborhood, smoking something. He pulled…

Case: People v. Tacardon (2022) 14 Cal.5th 235
Case Number: S264219
Updated: December 29, 2022
Read more

Continuing Hearing on Motion to Suppress When Denying Continuance Would Result in Dismissal

Did the trial court err in granting the People's motion under Penal Code section 1050 to continue the hearing on a motion to suppress evidence, when it was reasonably foreseeable that denying the continuance would result in a dismissal of the case but the People otherwise failed to show good cause for a continuance? Held: "This case involves a motion…

Case: People v. Brown (2023) __ Cal.5th ___
Case Number: S271877/H048462
Updated: March 27, 2023
Read more

Detention Based on Avoiding Contact With Police in High Crime Neighborhood

Briefing in People v. Flores (2021) 60 Cal.App.5th 978, review granted 4/21/2021, was initially deferred pending decision in People v. Tacardon (2022) 14 Cal.5th 235. On 7/26/2023, the court ordered briefing on the following issue: Was defendant’s detention supported by reasonable suspicion that he was engaged in criminal activity? [Editor’s Note: The Court of Appeal affirmed the trial court’s denial…

Case: People v. Flores (2021) 60 Cal.App.5th 978, review granted 4/21/2021
Case Number: S267522/B305359
Updated: July 26, 2023
Read more

Community Caretaking Exception to the Warrant Requirement and the Home

Whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home. Held: Decades ago, this Court held that a warrantless search of an impounded vehicle for an unsecured firearm did not violate the Fourth Amendment. Cady v. Dombrowski, 413 U. S. 433, 93 S. Ct. 2523, 37 L. Ed. 2d 706 (1973). In reaching this conclusion,…

Case: Caniglia v. Strom (2021) __ U.S. __ [141 S.Ct. 1596]
Case Number: 20-157
Updated: May 17, 2021
Read more

Does Pursuing a Person Suspected of Committing a Misdemeanor Categorically Qualify as an Exigent Circumstance Sufficient for a Warrantless Home Search

Whether the pursuit of a person whom a police officer has probable cause to believe has committed a misdemeanor categorically qualifies as an exigent circumstance sufficient to allow the officer to enter a home without a warrant. Held: The Fourth Amendment ordinarily requires that police officers get a warrant before entering a home without permission. But an officer may make…

Case: Lange v. California (2021) ___U.S.___ [141 S.Ct. 2011]
Case Number: 20-18
Updated: June 23, 2021
Read more

Is Unsuccessful Attempt to Detain Suspect by Use of Physical Force a “Seizure”

Police officers shot Petitioner, but she drove away and temporarily eluded capture. In this excessive force suit, the district court granted summary judgment for the officers on the ground that no Fourth Amendment “seizure” occurred. The Tenth Circuit affirmed, reasoning that an officer’s application of physical force is not a seizure if the person upon whom the force is applied…

Case: Torres v. Madrid (2021) __ U.S. __ [141 S.Ct. 989].
Case Number: 19-292
Updated: March 25, 2021
Read more