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Civil Case Updates for Criminal Practitioners Archive (April 2020)

Civil Case Updates for Criminal Practitioners Archive (April 2020)

Multiple dwellings and probable cause for search warrants Blight v. City of Manteca, 944 F.3d 1061 (9th Cir. 2019) Manteca, California! Nestled about halfway between Modesto and Stockton off of Highway 99, it is the hometown of former NBA point guard and coach Scott Brooks – an undrafted, 5’11″ bundle of grit and inspiration. But […]

Civil Case Updates for Criminal Practitioners Archive (March 2020)

Civil Case Updates for Criminal Practitioners Archive (March 2020)

Gang evidence “almost always prejudicial.” Gilmore v. Lockard, 936 F.3d 857, 859 (9th Cir. 2019) In Gilmore v. Lockard, 936 F.3d 857, 859 (9th Cir. 2019), the Ninth Circuit reversed a defense verdict in favor of prison officials who, a prisoner alleged, used excessive force against him and then delayed his access to medical care. […]

Korematsu v. United States was ‘Gravely Wrong the Day it Was Decided’

Even though Korematsu v. United States, 323 U.S. 214 (1944)-which condoned the forced relocation of all persons of Japanese ancestry in certain West coast zones during World War II pursuant to Executive Order 9066-was broadly criticized for decades within the legal profession and by American society at large, it was not expressly overruled by the […]

Say yes to "Time-Served" Deal, Say Goodbye to Wrongful-Incarceration Claim

Say yes to “Time-Served” Deal, Say Goodbye to Wrongful-Incarceration Claim

Taylor v. Cty. of Pima,2019 U.S. App. LEXIS 1545 (9th Cir., January 17, 2019) This case addresses the scenario where a defendant was pretty obviously wrongfully convicted, but then cuts a time-served deal to get out of custody. Can he still seek civil justice? Not to spoil the ending, but the dissenting opinion opens with […]

Saying It's Your Job Don't Make it Right, Boss

Saying It’s Your Job Don’t Make it Right, Boss.

Sandoval v. Cty. of Sonoma, 2018 U.S. App. LEXIS 36147 (9th Cir. Dec. 21, 2018) California Vehicle Code § 14602.6(a)(1) provides that a peace officer may impound a vehicle for 30 days if the vehicle’s driver has never been issued a driver’s license. Local law-enforcement officials carried out this job enthusiastically, even for persons with […]

It's Tricky: Entry gained by "ruse" ruled an illegal search

It’s Tricky: Entry gained by “ruse” ruled an illegal search

Whalen v. McMullen, 2018 U.S. App. LEXIS 30686 (9th Cir., October 30, 2018). “And in the city it’s a pity ’cause we just can’t hide / Tinted windows don’t mean nothin’, they know who’s inside.” Run-D.M.C., It’s Tricky, Raising Hell (Profile, 1986). A state fraud investigator wanted to see if a social-security claimant was telling […]

San Francisco has reversed course on use of lethal robots …for now

San Francisco has reversed course on use of lethal robots …for now

In a twist more closely resembling a Hollywood movie than reality, the San Francisco Police Department recently stood on the brink of employing bomb-toting robots authorized to deploy lethal force on members of the community. In late November 2022, the San Francisco Board of Supervisors voted 8 to 3 in favor of a such a […]

Civil Cases for Criminal Practitioners Archive (October 2018)

IRS Agent Audits Potty, Violates Fourth Amendment Ioane v. Hodges, 2018 U.S. App. LEXIS 25569 (9th Cir. Sep. 10, 2018) Okay, I made up the phrase “potty audit,” but here’s what happened. IRS agents lawfully executed a search warrant in the presence of the homeowners. Or rather, they were executing it lawfully–until the homeowners needed […]

Women in the Law: Mary Maguire & Antonia Jemnez

Women in the Law: Mary Maguire & Antonia Jemnez

In re Maguire, 57 Cal. 604 (1881). People v. Jemnez, 49 Cal. App. 2d Supp. 739 (1942).Sail’er Inn, Inc. v. Kirby, 5 Cal.3d 1 (1971). In 1880, San Francisco passed a law prohibiting women from working in any “dance-cellar, bar-room, or in any place where… liquors are used or sold.” The belief was that “such […]


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