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Name: People v. Brewer
Case #: C075255
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/13/2015

Changes in the law regarding transfer of defendants found incompetent to stand trial (IST) require remand for reconsideration of Sacramento trial court's injunction mandating 14-day transfer of defendants to state hospital. When a defendant is found IST, the trial court orders that the defendant be delivered by the sheriff to a state hospital or other treatment facility for restorative treatment (Pen. Code, § 1370, subd. (a)(1)(B)(i)). In 2005 the Sacramento Public Defender filed a writ petition on behalf of defendants who had been found IST but who were being detained at county jail rather than transferred to a state hospital…

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Name: People v. Lowe
Case #: D059007
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/04/2013
Subsequent History: Review granted 3/19/2014: S215727

Mandatory taking of DNA samples without a warrant from persons arrested for felonies does not violate the Fourth Amendment. After Lowe's arrest for a felony offense, police took a buccal swab DNA sample from inside his cheek without a warrant. The collection and analysis of the sample was authorized by a 2004 amendment to Penal Code section 296 (Prop. 69), which mandates the taking of DNA samples upon arrest for a felony. The DNA sample connected Lowe to a number of unsolved offenses and a jury convicted him of multiple burglaries, sex crimes and robberies. He was sentenced to 107…

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Name: U.S. v. Botello-Rosales
Case #: 12-30074
Court: US Court of Appeals
District 9 Cir
Opinion Date: 07/15/2013

Denial of motion to suppress reversed where officer's translation of Miranda warning did not adequately convey to defendant his right to appointed counsel. Defendant entered a conditional guilty plea to federal drug and weapons charges after his motion to suppress his post-arrest statements to police was denied. He appealed. Held: Reversed. When a detective gave a Spanish language Miranda warning to defendant, he informed him that if he lacked money to pay for a lawyer, "one, who is free, could be given to [him]." The Spanish word "libre" was used to convey the attorney would be provided without charge. However,…

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Name: U.S. v. Morgan
Case #: 12-10056
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/03/2013

Border patrol officer who reread Miranda rights to defendant who had already invoked her right to counsel did not impermissibly reinstitute interrogation. Morgan pled guilty to federal drug offenses after her motion to suppress her statements to police was denied. On appeal she challenged the denial of her motion to suppress. Held: Affirmed. When Morgan attempted to drive her car through a border checkpoint in Sells, Arizona, drugs were found. Morgan was arrested and given her Miranda rights. She initially agreed to speak to officers, but then invoked her right to counsel. She was transported to the station and held…

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Name: United States v. King
Case #: 11-10182
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/01/2012

The Ninth Circuit overruled cases to the extent they hold there is no constitutional difference between probationers and parolees for Fourth Amendment purposes. The court overruled a number of cases with respect to their holdings there is no "constitutional difference between probation and parole for purposes of the Fourth Amendment" because they conflict with the Supreme Court's holding in Samson v. California (2006) 547 U.S. 843 (parolees have fewer expectations of privacy than …

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Name: Haskell v. Harris
Case #: 10-15152
Court: US Court of Appeals
District 9 Cir
Opinion Date: 02/23/2012
Subsequent History: vacated and rehg. en banc granted

There is no Fourth Amendment violation by a statute authorizing the collection of DNA from arrestees, including those who are not ultimately convicted. Proposition 69, which passed in 2004, expanded DNA testing in California to include those adults arrested for a felony offense. The collection by buccal swabs is used to provide a DNA profile which is added to a nationwide Combined DNA Index System (CODIS). A group of plaintiffs who were arrested, but never convicted of felonies, brought a class-action against state officials. The action under 42 U.S.C. section 1983 alleged violations of their Fourth Amendment rights to be…

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Name: Brown v. Plata
Case #: 09-1233
Court: US Supreme Court
District USSup
Opinion Date: 05/23/2011
Subsequent History: 131 S.Ct. 1910; 179 L.Ed.2d 969

A federal three-judge panel ruling to reduce the state prison population to 137% of capacity is upheld. The medical and mental health care provided in California's prisons falls below the standard of decency inherent in the Eighth Amendment. The extensive and ongoing constitutional violation cannot be remedied without a reduction in overcrowding. The state is ordered to implement the order without further…

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Name: People v. Wallace
Case #: B159422
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/30/2003
Subsequent History: Rehrg. den. 7/28/03

Wallace was charged by information with several offenses, including a hate crime within the meaning of Penal Code section 422.75. Under the terms of a negotiated disposition, the other offenses were dismissed when appellant pled no contest to an amended information charging him with a violation of section 422.7. He was sentenced to felony probation with a condition that he serve 60 days in jail. On appeal, he argued that his conviction and sentence were unlawful because section 422.7 constitutes a penalty provision and not a substantive criminal offense. The appellate court here agreed and reversed.…

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