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Name: People v. Felix (2024) 100 Cal.App.5th 439
Case #: B317938
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 03/07/2024
Subsequent History: Opn. modified 3/12/2024

Defendant, who was a foreign national driving a car that belonged to a third party, was lawfully detained while an officer made further inquiries of the dispatcher performing the records check for defendant and the owner of the vehicle. Following a valid traffic stop in Utah, Felix provided an officer with an identification card from Mexico and vehicle registration in the name of a third party from California. He was detained approximately 12 minutes while the officer performed a records check and asked dispatch for additional information. The officer then obtained consent to search the vehicle just prior to dispatch…

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Name: People v. Villegas (2023) 97 Cal.App.5th 253
Case #: A164370
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 11/15/2023

Counsel was not ineffective in failing to seek exclusion of defendant’s second statement to police where defendant waived his right to remain silent and then failed to clearly assert this right during questioning before making incriminating statements. Defendant was questioned as to sexual offenses against two alleged victims, waived his Miranda rights, made incriminating statements, and was arrested. Police then learned of a third alleged victim and questioned defendant a second time a couple days later. He waived his Miranda rights a second time and admitted making a “mistake,” but said he would not say anything else. Police detailed the…

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Name: People v. Potter
Case #: C088889
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/13/2021

Defendant was not in custody, requiring warnings under Miranda v. Arizona (1966) 384 U.S. 436, where he had gone to the police station voluntarily, the police told him he was not under arrest, and the questioning was not unduly contentious. An officer called defendant, telling defendant that his daughter had alleged he had sexually abused her. Defendant agreed to meet with officers at the police station to take a polygraph. During a two hour period, made up of three separate interviews (two of which were recorded), defendant made incriminating statements. His cell phone was also taken to be analyzed. Defendant…

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Name: In re Matthew W.
Case #: A159931
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 07/08/2021

Juvenile court erred in admitting pre-arrest statements under Miranda v. Arizona (1966) 384 U.S. 326, where police created a coercive atmosphere in minor's home such that a reasonable 17-year-old would have experienced a restraint tantamount to arrest. Following the stabbing of a person around midnight, five armed and uniformed police arrived at 17-year-old minor's home at around 6:00 a.m. Three officers entered the home with the mother's permission, but denied her request to be present during questioning. No Miranda advisements were given. The juvenile court sustained the allegation that minor committed assault with a deadly weapon and personally inflicted great…

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Name: People v. Henderson
Case #: S098318
Court: CA Supreme Court
District CalSup
Opinion Date: 07/30/2020

Opinion By: Justice Corrigan (unanimous decision)
Trial court prejudicially erred by admitting defendant's statements to police after his clear request for counsel, following his initial waiver of his Miranda rights. Defendant was convicted of first degree murder with special circumstances, premeditated attempted murder, other offenses, enhancements, and priors. He received a death sentence. Defendant unsuccessfully moved to exclude his statements to police from evidence at the preliminary hearing and his trial. The trial court found that defendant validly waived his Miranda rights and did not thereafter unambiguously invoke his right to counsel. On review, defendant challenged the admission of…

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Name: People v. Rodriguez
Case #: B291137
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 09/23/2019

Trial court properly admitted defendant's un-Mirandized statements to an undercover informant regarding a gang-related shooting that defendant made while in jail on an unrelated matter. Defendant, a gang member, shot and wounded a man. While he was in jail on an unrelated offense, police placed an informant in his cell. He made incriminating statements to the informant, which were recorded. No Miranda warning was given. The trial court denied defendant's motion to exclude his statements and the recording was played for the jury. Defendant was convicted of attempted murder and other crimes. On appeal he argued admission of the recording…

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Name: People v. Keo
Case #: B286844
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 09/23/2019

No Miranda warning was required where defendant made incriminating statements to a social worker who was conducting a dependency investigation because social workers are not law enforcement officers. Defendant was convicted of criminal threats and the second degree murder of his girlfriend, with whom he had two children. On appeal he claimed violations of his Fifth and Sixth Amendment rights because the trial court admitted un-Mirandized custodial statements he made to a social worker who was performing a dependency investigation and who questioned him without an attorney present. Held: Affirmed. The Fifth Amendment provides that no person shall be compelled…

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Name: People v. Cooper
Case #: B286201
District 2 DCA
Division: 3
Opinion Date: 07/18/2019

Although in-custody suspect was not given Miranda warnings, suppression of her volunteered statements during field sobriety tests was not required; but Miranda warnings were required before suspect's response to Romberg test. Cooper crashed her vehicle into another at a high speed. When the police arrived 10 minutes later, Cooper's eyes were red and watery, she smelled like alcohol, her speech was slurred, she was stumbling, and she was unable to walk straight. She became upset, uncooperative, and began walking around. For safety reasons, an officer decided to take Cooper to the police station to conduct field sobriety tests. In the…

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Name: People v. Anthony
Case #: A139352
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 03/08/2019

Trial court erred under Miranda by admitting defendant's statements to police that were elicited after police assured him they would not ask questions about a particular crime but did so anyway. Anthony, accompanied by fellow gang members, committed a gang-related killing of a man walking on a Berkeley street. When pursued by police, Anthony led them on a high speed chase that ended in two collisions, killing a driver in another vehicle, as well as a pedestrian. While in custody in Berkeley, Anthony invoked his right to counsel but then, for unknown reasons, initiated contact with Oakland police, who wanted…

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Name: People v. Johnson
Case #: D071011
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/05/2019

Trial court's failure to instruct the jury on second degree murder or voluntary manslaughter was not error because the evidence did not support these instructions. Johnson and Guthrie committed a "hit" on Canady in a barber shop, allegedly ordered by a drug kingpin named Grant. Johnson was convicted of first degree murder and a personal gun use enhancement was found true. Guthrie was also convicted of first degree murder and a serious felony prior was found true. A strike prior was found true as to each defendant. On appeal, Johnson challenged the trial court's failure to instruct the jury on…

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