Close

San Francisco Criminal Lawyer Blog

Updated:

Exigent circumstances justified pursuit and entry into a fleeing felon’s home without a warrant

People v. Valencia (Cal. Ct. App., Mar. 10, 2026, No. B338672) 2026 WL 672932, at *1 Summary: Valencia, under the influence of methamphetamine and cocaine, drove his pickup truck and would not comply with police orders to pull over. Police chased Valencia until he crashed into a parked car. Valencia…

Updated:

Court must find that a defendant would not pose an unreasonable risk of danger to public safety to be granted mental healthdiversion

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JOB URIAH TAYLOR, Real Party in Interest. (Cal. Ct. App., Mar. 5, 2026, No. B346062) 2026 WL 622265 Summary: Penal Code section 1001.36 authorizes a court to grant pretrial diversion to a defendant with a qualifying mental disorder…

Updated:

Assault is not a lesser included offense of knowingly resisting an officer by the use of force or violence

People v. Morgan (Cal., Feb. 26, 2026, No. S286493) 2026 WL 533311, at *1–2 Summary: During a confrontation with law enforcement, Morgan aimed a firearm at police officers, “racked” its slide, and pulled the trigger. The weapon did not discharge and when officers eventually recovered it, it was unloaded. Defendant…

Updated:

Electronic search clause is reasonable when devices were used for drug sales

People v. Flores (Cal. Ct. App., Feb. 11, 2026, No. A171602) 2026 WL 378414, at *1 Summary: Flores pleaded no contest to felony possession of fentanyl for sale and was sentenced to two years of formal probation with a condition permitting warrantless searches of Flores’s electronic devices. On appeal, Flores…

Updated:

Use of undercover informants in jail cell amounted to a custodial interrogation and violated Miranda

People v. Zapata (Cal. Ct. App., Feb. 10, 2026, No. D084024) 2026 WL 366837, at *1 Summary: A “Perkins operation” is when an undercover operative is placed in a cell with the suspect to obtain information from the suspect. The term derives its name from Illinois v. Perkins (1990) 496…

Updated:

Right to counsel is violated when judge communicates with jury with lawyer not present.

People v. Heaps (Cal. Ct. App., Feb. 2, 2026, No. B329296) 2026 WL 266465, at *1–4 Summary: The Sixth Amendment’s right to counsel applies in state criminal trials. (Gideon v. Wainwright (1963) 372 U.S.) That right is violated when a judge communicates with a jury during deliberations “without affording defendant…

Updated:

DMV must disclose name of person submitting request for driver reexamination form “DS 699”

RICHARD LOUIS BROWN, Plaintiff and Appellant, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Respondent. (Cal. Ct. App., Jan. 30, 2026, No. C102554) 2026 WL 251816, at *1–2 Facts: Department of Motor Vehicles (Department) temporarily suspended  Brown’s driver’s license after conducting a driver reexamination initiated by an undisclosed third-party reporter. Brown…

Updated:

Requiring an advisory that it is a crime of file a false allegation of police misconduct violates free speech

LOS ANGELES POLICE PROTECTIVE LEAGUE, Plaintiff and Respondent, v. CITY OF LOS ANGELES et al., Defendants and Appellants. (Cal., Jan. 21, 2026, No. S275272) 2026 WL 171531, at *1–4  Summary: California requires law enforcement agencies to investigate complaints against peace officers. (See Pen. Code, § 832.5, subd. (a)(1).) Penal Code…

Updated:

Right To a Speedy Trial Attaches at The Time of Arrest and Continues So Long as She Remains Either Formally Accused or Subject to Restraint

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; HAILEY MORGAN LASHELLE, Real Party in Interest. (Cal. Ct. App., Jan. 9, 2026, No. E086512) 2026 WL 73966, at *1–4 Summary: Lashelle (defendant) was charged by Petitioner Riverside County District Attorney’s office (the People) with misdemeanor driving under the…

Updated:

Juror confusion is a presumptively invalid reason for a peremptory challenge

People v. Aguilar (Cal. Ct. App., Jan. 2, 2026, No. D083172) 2026 WL 17897, at *1 Summary: Aguilar was convicted by a jury of multiple offenses for his involvement in a shootout with San Diego Police Department (SDPD) officers. Before trial, the People exercised a peremptory challenge to strike a…

Contact Us