Civil Rights

Name: People v. Brewer
Case #: C075255
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/13/2015
  • Categories: 1368 Competence, Areas Constitutional Law, Civil Rights, Pretrial Motions

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…

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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
  • Categories: Admin Searches, Areas Constitutional Law, Arrest, Civil Rights, Incident to Lawful Arrest, Right to Privacy, Search & Seizure, Searches w/o Warrant

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.…

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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
  • Categories: Areas Constitutional Law, Civil Rights, Right Against Self-incrim, Right to Counsel, Scope of Right

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…

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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
  • Categories: Areas Constitutional Law, Civil Rights, Confessions, Interrogations & Confessions, Miranda v. Arizona, Right Against Self-incrim

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.…

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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
  • Categories: Areas Constitutional Law, Civil Rights, Right to Privacy, Search & Seizure, Searches w/o Warrant

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…

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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
  • Categories: Areas Constitutional Law, Civil Rights, etc.), Incident to Lawful Arrest, Providing Specimens(blood, Search & Seizure, Sentencing

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…

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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
  • Categories: Areas Constitutional Law, Civil Rights, Cruel and Unusual Punishment, Sentencing

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…

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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
  • Categories: All Other Crimes, Areas Constitutional Law, Civil Rights, Crimes, Crimes Against the Person

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…

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