Current News

Customs officials can seize and search laptop computers belonging to persons arriving from foreign countries

In a recent 2008 Court of Appeals case, People v. Endacott, the facts are that the defendant arrived at Los Angeles International Airport on a plane from a foreign country. Without probable cause, customs officials seized his laptop computer and searched all of the files in the computer. They found evidence of child pornography and the defendant eventually pled to one count of possession or control of child pornography. The defendant claimed that his 4th Amendment right was violated as there was no probable cause to search his laptop because there was no reasonable suspicion. However, the Court rejected that and reiterated the rule stated in a 2004 case, United States v. Flores-Montano 541 U.S. 149, “searches made at the border, pursuant to the longstanding right of the sovereign to protect itself by stopping and examining persons and property crossing into this country, are reasonable simply by virtue of the fact they occur at the border.” The Court stated that viewing confidential computer files implicates dignity and privacy interests, but no more so than opening a locked briefcase. “A computer is entitled to no more protection than any other container.”

New Cell Phone Law (effective July 1, 2008) 

Senate Bill 1613 prohibits the use of handheld cellular telephones while driving. Starting July 1, 2008, an adult driver may use a cell phone only if it has a hands-free listening and speaking system. Drivers who get ticketed for a violation will be subject to a fine of at
least $70 (base fine plus penalties) for a first offense and at least $175
(base fine plus penalties) for subsequent offenses.

Teen Drivers and Cell Phones

Senate Bill 33 prohibits drivers under age 18 from using any cell phone or other "mobile-service device" while driving, even if it is equipped with a hands-free device.

"Mobile-service device" includes, but isn't limited to, a
broadband personal-communication device, specialized mobile radio
device, handheld device or laptop computer with mobile-data access,
pager, and two-way messaging device.
Teen drivers ticketed for a violation will be subject to a fine of at least $70 (base fine plus
penalties) for a first offense and at least $175 (base fine plus penalties) for subsequent offenses.

So, make sure your vehicle is working properly, for example lights are all working, turn signals are working, registration is current and there is no tint on your drivers and passengers side windows. Those are the most common things someone is pulled over for.

NOTE:   Unlike the ban on handheld cell phones, a law enforcement officer may cite a teen for a suspected violation of this law only in connection with another suspected driving offense. So if you’re under the age of 18 the cops can’t just pull you over because they see you using one of these devises.

However, if you are over the age of 18 and a cop sees you driving using a handheld cell phone, the law is silent with respect to whether a cop can pull you over just for the use of the handheld. Because it is silent, make no mistake about it, they will pull you over if they observe you utilizing a handheld devise. The problem with that is obvious. They will go through the checklist; let me see your license, registration and proof of insurance; the question will then be asked if you have been drinking (you know they’ll ask you this one!). Well, you know where it goes from there.    

California Sex Offender Law has problems

The problem is that no one can figure out who is responsible for tracking the whereabouts of sex offenders who are required to register under Penal Code Section 290 once they complete parole.

Jessica’s Law, passed in 2006 requires lifetime tracking, but there are hundreds of offenders that are not being monitored via GPS. In an article in the Pasadena Star News, December 23, 2007 the paper quoted chief probation officer in Stanislaus County, Jerry Powers who said, “The simple answer is the statute doesn’t say who is responsible for this.” The article goes on to say that the corrections department estimates that it could cost $7 per day to monitor a single offender but the state’s more extensive system could cost some $33 per day which includes the cost of parole agents.

What is going to happen as more and more offenders complete their parole? Stay tuned for more on this.

California is facing problems with overcrowed prisons

Will Federal Judges order the early release of inmates? It could happen in 2008 if the state doesn’t do something about the overcrowded conditions throughout the state prison system. Currently the state has 33 prisons with a capacity for 100,000 inmates. The population is now at 172,000!! One answer, being opposed of course, is the early release of non-violent well behaved ex-convicts from parole after 6 months instead of the usual 3 years. (Pasadena Star News, December 27, 2007)

Death Penalty News

On December 17, 2007 the state of New Jersey outlawed the death penalty! So when is California going to follow?? There is currently a “hold’ on executing people in California because the way it is being administered is being reviewed. The claim is that the 3 cocktail injections is cruel and unusual punishment.

What state executes more people than any other state? Texas. 60% of all American executions took place in Texas. There were 42 executions in 2006 and Texas executed 26 of them! Since it appears that the trend nationwide is to eliminate, in some fashion, the death penalty it would appear that the state of Texas will end up with most if not all of the executions nationwide.

New California Laws for 2008

January 1, 2008 New Law bans Smoking in car occupied by a child

As of Tuesday, January 1, 2008 you can be cited for smoking inside of a car if a minor is present. Authorities tell us the dangers of second hand smoke so here is yet another law to supposedly protect us from ourselves. The powers to be bring up a 2006 report by the Surgeon General that states that children are especially vulnerable to chemicals in cigarette smoke because they are still in their development stages.

More government intervention, loss of privacy or protection?

The good news about this new law is that the cop just can’t pull you over if he or she sees you smoking with a youngster inside the car, they have to pull you over for something else then they can cite you for smoking. The fine is up to $100.

Street Racing

Senate Bill 67 reauthorizes a law that lapsed in 2006. It allows
police to impound a vehicle for 30 days when a person is arrested for
street racing, exhibition of speed, or reckless driving.

Watch this one, it can get expensive. For example, if someone spins their tires in a residential area, say in front of your house, the cops can impound that car, assuming they see it happen, and it can cost hundreds of dollars to get it out of impound!

Traffic School

Assembly Bill 645 prohibits a court from allowing a driver who
commits a two-point violation from attending traffic school. Two-point
violations include:

• drunk driving
• hit-and-run
• speed contests
• evading an officer
• vehicular manslaughter

See how the previous law and this one interact. Speed contests are street racing, your car gets impounded and you can’t get it off your record via traffic school. Reckless driving can tie into drunk driving, evading an officer, hit and run, speed contests and vehicular manslaughter. A simple drunk driving charge (DUI) can turn into a vehicular manslaughter if you kill someone while driving drunk or not!

Watson Murder Advisement requirement when obtaining a license

Starting January 1, 2008 when you obtain or renew a driver’s license in California you must now sign a Watson admonition which is based on the California case that holds that one can be prosecuted for Second Degree Murder if you drink, drive and kill someone. Those advisements were, in the past, given by the court at times and at drinking driver schools but now you must essentially acknowledge that you are aware of what it is saying.  

SOLICITATION

A person commits the offense of solicitation if he or she, with the intent that a capital or a first degree felony be committed, requests, commands, or attempts to induce another person to commit the felony or to make the other person a party to the felony. More...

CONFESSIONS MUST BE VOLUNTARY

The Fifth Amendment of the United States Constitution provides that no person shall be deprived of life, liberty, or property without due process of law. The Fourteenth Amendment of the Constitution provides that no state shall deprive any person of life, liberty, or property without due process of law. Due process of law requires that a person has notice, an opportunity to be heard, and a right to make an informed choice. An informed choice can only be made with regard to a confession if the confession is voluntary.More...

RIGHTS OF CRIME VICTIMS

Being a victim of a crime is a frightening experience. Until fairly recently, crime victims had no rights and did not have access to any federal, state, or local services to help them through the experience. In most states, there are now many services and resources that are available to crime victims. More...

REQUESTS FOR JURY INSTRUCTIONS

Both the prosecution and a defendant have a right to request that certain instructions be submitted to a jury when a trial court charges the jury. A request for the instructions must be made in writing and must be presented to the trial court prior to the trial court's charge to the jury. The request may also be dictated to a court reporter in the presence of the trial court and counsel for both parties.More...

RELEASE ON PAROLE

If a state's parole board grants parole to a prisoner, custody of the prisoner is generally transferred to the state's parole board prior to the prisoner's release on parole. The prisoner is usually transferred to a residential facility or a halfway house, during which time the prisoner continues to receive credit for good conduct time. More...