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Articles Posted in New Criminal Case Law

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Warrantless Search of Defendant’s Truck Did Not Fall Within Scope of Inventory Search Exception

United States v. Anderson (9th Cir., May 2, 2024, No. 20-50345) 2024 WL 1920298 Warrantless searches by law enforcement for inventory purposes Summary: Law enforcement may conduct warrantless inventory searches of impounded vehicles only if they are motivated by administrative purposes, and not solely by investigatory purposes. Here, an officer’s…

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Prosecutor’s reasons for peremptory strike of Black juror were improper and required explanation

THE PEOPLE, Plaintiff and Respondent, v. DAVID G. ARIAS, Defendant and Appellant. (Cal. Ct. App., May 10, 2024, No. A164789) 2024 WL 2103781, at *1 Summary: Arias was tried for two counts of sexual abuse committed against J. Doe, a child under 14 years old. During the trial, the defense…

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Before Officers May Detain Someone They Must Be Able To Articulate A Legally Cognizable Reason

People v. Flores (Cal., May 2, 2024, No. S267522) 2024 WL 1919992, at *12 Background to detention In May 2019, Officer Guy and his partner, Michael Marino, were on patrol in the area of Mariposa Avenue, a “known narcotic[s] area[ ]” and “gang hangout.” The officers drove by a cul-de-sac,…

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Trial court has no authority to modify restitution after termination of probation

People v. Koontzy (Cal. Ct. App., Apr. 25, 2024, No. A167703) 2024 WL 1794196, at *1 Summary: Koontzy (appellant) pled no contest to fleeing the scene of an injury accident (Veh. Code § 20001, subd. (a)) and was placed on probation with the condition that she pay victim restitution. Due…

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Gross Vehicular Manslaughter While Intoxicated Is Not A Lesser Included Offense Of Murder

People v. Barooshian (Cal. Ct. App., Apr. 16, 2024, No. D081050) 2024 WL 1629664, at *1 Summary: Barooshian was  convicted him of murder (Pen. Code, § 187, subd. (a)) under a Watson murder theory. In People v. Watson (1981) 30 Cal.3d 290, (Watson), the California Supreme Court concluded that a…

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Liquor store held to be a public nuisance under the drug house law  

The PEOPLE, Plaintiff and Respondent, v.FREETOWN HOLDINGS COMPANY et al., Defendants and Appellants.2024 WL 1325949 (Cal.App. 2 Dist.), 1 Summary: The People of the State of California sued Holiday Liquor for enabling a public nuisance claiming the store allowed illegal drug buyers and sellers to meet for sales. Holiday tolerated…

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Traffic stop resulting in recovery of a gun and drugs was not unduly prolonged

People v Felix, 2024 WL 979674 (Cal.App. 2 Dist.) Summary: Felix was arrested in Utah after being stopped for a traffic violation. He consented to a search of his car which resulted in the recovery of a handgun, ammunition and over five kilograms of methamphetamine. While in custody in Utah…

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Unlawful detention of driver in a parked car requires suppression of evidence found in search

THE PEOPLE, Plaintiff and Respondent, v. ALBERT JACKSON, Defendant and Appellant. (Cal. Ct. App., Mar. 15, 2024, No. B328954) 2024 WL 1131026, at *1 Summary: Two Los Angeles police officers in a cruiser saw Jackson, an African American man,  alone in a parked car. They pulled alongside, boxing Jackson in…

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Misdemeanor DUI is Eligible for Mental Health Diversion

Persiani v. Superior Court, 2024 WL 833043 (Cal.App. 4 Dist.), 1 Summary: A trial court has authority under Penal Code section 1370.01, subdivision (b)(1)(A) to order treatment through mental health diversion for a mentally incompetent misdemeanor defendant charged with driving under the influence. Persiani was charged in four misdemeanor cases…

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Implicit Bias Can Violate the Racial Justice Act

Bonds v. Superior Court; D082187; 2/14/24;2024 WL 617245 (Cal.App. 4 Dist.) Summary: Bonds was charged with a misdemeanor concealed firearm violation filed a motion for relief under the Racial Justice Act. The Superior Court denied the motion and Bonds  filed petition for writ of mandate.The Court of Appeal held that…

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