USA v. Guillen (Cir. 10, 2021) 995 F.3d editions 1095: (1) Did the defendant`s father have the power to consent to a search of his son`s room? (2) Did the officers rape Miranda using a two-step illegal interrogation procedure? People vs. Tousant (2021) 64 Cal.App.5th 804 Questions: (1) Was the Camaro leased by the defendant confiscated and illegally searched? (2) Did an officer conduct an illegal search of his or her mobile phone in the vehicle? (3) Did an officer “interrogate” the accused in violation of Miranda? The association`s mission is to promote excellence and build community in the legal profession and facilitate equal access to justice. Since 1877, the ACBA has served as a pillar of the legal community, representing a variety of practices. Find out why our members join our community and are active by learning more about the benefits of membership and growing your practice today! News and articles from the Alameda County Bar Association. The ACBA blog is your source of up-to-date information about the Alameda County legal community. We will keep you informed of local CLE training, focus on our members, give practice management advice and give you a perspective on recent changes in the field. The ACBA Certified Lawyer Referral Service and the Court-Appointed Lawyers Program. Want to recover the problems? You can view or download entire archived issues by clicking Editions on the left. Tuesday Tip – Cultivate a culture of continuous learning in the workplace! Encourage employees to remember how they acquired the skills they have now. Try to use this experience to inspire them to learn something new – it can lead to new opportunities.
t.co/Fe90BHmS3u We are working on a free set of CLE programs related to civil rights and racial justice to provide lawyers with the information, resources, and tools they need to effectively advocate for racial justice and systemic reform. Register today for the Wellness, Immigration and Social Work and Employment section – t.co/rX79vOGRl8 Visit us for free in October! Try bar membership and find out if it`s a good investment in your career! We offer CLEs of less than two hours for free and networking events in October for free. – t.co/W8N03eweoF Probable Reason for Search: The “Nexus” Requirement Crime Scene Searches Offences Arrest Macken Workplace Searches Basics of Evidence Suppression Principles of Searching Probable Causes Searches Incident to Arrest Please note: Programs and events organized by other local organizations are subject to a fee. New: Burnout Detection and Energy Recovery – t.co/l15Tdcnwnp U.S. v. Knights (Cir. 11, 2021) __ F.3d __ [2021 WL 908278] Issue: Was the accused “arrested” when officers approached him to investigate suspicious circumstances? Caniglia vs. Current (2021) __ U.S. __ [141 S.Ct. 1596] Problem: Is there a community careting exception to the mandate requirement? In re J.W.
(2020) 56 Cal.App.5th 355 Question: Do officers need to obtain a Miranda waiver before asking an arrested minor to disclose their age if their age is an element of the crime for which they were arrested? Note: Starting with the Winter 2022 edition, we will no longer be publishing Point of View. United States v. Weaver (10th Cir. in bench 2021) __ F.4. __ [2021 WL 3610861] In the Winter 2021 issue, we reported on a Second Circuit case, U.S. v. Weaver. In this case, two of the three judges on the committee ruled that the officers had no reason to search the accused. As we have made clear, these two judges were not only wrong, they also showed shocking ignorance of the Fourth Amendment Basic Law. For this reason, we have said that the opinion is likely to be reversed. On August 16, 2021, a larger panel [on the bench] of the Second Circuit did just that.
We will later submit a full report on their verdict, but as their reasoning is essentially the same as in our original report, we have published a copy of that report here. Justice League: Virtual showcase of BIPOC-led organizations – COVID-19 t.co/bKplHNQ77T – All CLE programs will be virtual until further notice. USA v. Reedy (Cir. 7, 2021) __ F.3d __ [2021 WL 777768] Question: Was the detention of a burglary suspect unreasonably extended? To view past programs upon request, please visit our online catalog. Are you concerned about defending the Constitution, the rule of law and the protection of civil rights? Join an ACBA section to improve your practice, network with colleagues, and participate in MCLE programs. Last Chance – Best Practices for Jury Selection – t.co/UCbkTrIlS6 the Right to Bear Arms? The Supreme Court and Gun Safety Laws – t.co/gVbfD99Iu1 New: Murder on the Continental Express, presented by the Alameda County Bar Association Bar Association – t.co/rvkVNcoHgS today RSVP for the 2022 ACBA Virtual Criminal Law Boot Camp – t.co/r50iPdXXwv permission to reprint: Although Point of View is copyrighted, articles and recent case reports may be reprinted for educational or public service purposes, if attributed to the Alameda County Attorney. Take advantage of special member discounts on a variety of services to help lawyers succeed. UNITED STATES v. Venice (10C 2021) __ F3 __ [2021 WL 1727603]: In this case, a panel of three Tenth Circuit judges ruled that there was no sufficient reason to tow a vehicle driven by the defendant, even if (1) they had stopped it on the basis of a traffic order; (2) the vehicle was in the parking lot of a motel in a high-crime area; (3) the defendant was neither a guest nor a visitor to the motel; (4) he did not know the name of the registered owner; and (5) it had no license, registration, insurance, or purchase agreement. One of the three jury judges disagreed, pointing to the many ways his colleagues had gone astray.