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Archive for June, 2013

Apart from containers in cars, once police seize container, police must get a warrant to search it

June 27, 2013 Comments off

Apart from containers in cars, once police seize container, police must get a warrant to search it

Robey v. Superior Court

S197735

“In the present case, the mobility of the package constituted exigent circumstances justifying Officer Totorica’s seizure of the FedEx package without a warrant so long as he had probable cause to believe it contained contraband.  But seizure of the package by the police negated its mobility.  Absent some other exception to the warrant requirement, the Fourth Amendment required the police to obtain a search warrant before opening the package after it had been seized.”

http://www.courts.ca.gov/opinions/documents/S197735.PDF

Cal. Supremes affirm death penalty

June 27, 2013 Comments off

The Cal. Supremes upheld a death penalty today:

PEOPLE v. LINTON (DANIEL ANDREW), S080054

http://www.courts.ca.gov/opinions/documents/S080054.PDF

Coming, tomorrow at 10 a.m., from the Cal. Supremes

June 26, 2013 Comments off

Coming, tomorrow at 10 a.m., from the Cal. Supremes

PEOPLE v. LINTON (DANIEL ANDREW)

S080054 (Riverside County Superior Court – CR60158)

Argued in San Francisco 5-08-13

This matter is an automatic appeal from a judgment of death.

ROBEY (KEWHAN) v. SUPERIOR COURT (PEOPLE)

S197735 (B231019; Santa Barbara County Superior Court – 1349412)

Argued in Los Angeles 4-03-13

This case presents the following issues:

(1) Could police conduct a warrantless search of a package smelling of marijuana under a “plain smell” exception to the warrant requirement?

(2) Could police conduct a warrantless search of the package because the mobility of the box created exigent circumstances even after an officer seized the package from a common carrier and held it at the police station?

No new criminal cases Monday

June 21, 2013 Comments off

The Cal. Supremes will issue no new criminal cases on Monday.

No new criminal cases today

June 20, 2013 Comments off

The Cal. Supremes will issue no new criminal cases today.

Summary of Cases Accepted the week of June 10, 2013

June 14, 2013 Comments off
Summary of Cases Accepted and Related Actions for Week of June 10, 2013
#13-46 People v. Lavender, S209975. (D057655, D057686; Imperial County Superior
Court; JCF21566.) Petition for review after the Court of Appeal reversed a judgment of
conviction of criminal offenses. This case presents the following issue: Did the Court of
Appeal err by reversing defendants’ convictions for juror misconduct and remanding for
a new trial rather than remanding for an evidentiary hearing into the misconduct?

Supremes affirm a death penalty case

June 13, 2013 Comments off