Policy Text
Lance Bayer
Winter 2023
MOUNTAIN VIEW POLICE DEPARTMENT
LEGAL UPDATE
Case Law
Detention
A PEACE OFFICER LACKED REASONABLE SUSPICION TO DETAIN A
SUSPECT WHO WAS STANDING IN THE PARKING LOT OF A MOTEL
EARLY IN THE MORNING.
People v. Cuadra (2021) Cal. App. 5th
AN OFFICER WHO OBSERVED A DRIVER FAILING TO PROPERLY
SIGNAL A RIGHT-HAND TURN LACKED REASONABLE SUSPICION TO
JUSTIFY A VEHICLE STOP.
People v. Holiman (2022). Cal. App. 5th
AN OFFICER VIOLATED A DRIVER'S FOURTH AMENDMENT RIGHTS BY
CONDUCTING A PATDOWN SEARCH WITHOUT REASONABLE FEAR FOR
OFFICER SAFETY.
People v. Pantoja (2022) Cal. App. 5th
SEARCH OF A VEHICLE DURING A PROLONGED DETENTION VIOLATED
THE DRIVER'S FOURTH AMENDMENT RIGHTS.
People v. Ayon (2022).
Vehicle Search
Cal. App. 5th
AN OFFICER WAS NOT JUSTIFIED IN SEARCHING A VEHICLE AFTER A
TRAFFIC STOP EVEN THOUGH THE DRIVER HAD A SUSPENDED
LICENSE AND THE OFFICER DETECTED AN ODOR OF BURNED
MARIJUANA.
Blakes v. Superior Court (2021) Cal. App. 5th
A VEHICLE SEARCH WAS JUSTIFIED BASED ON PROBABLE CAUSE
AFTER AN OFFICER DETERMINED THAT MINORS WERE USING
MARIJUANA.
Danslati
Vehicle Tow
AN OFFICER WAS NOT JUSTIFIED IN TOWING A VEHICLE FROM
PRIVATE PROPERTY IN ORDER TO OBTAIN A SEARCH WARRANT AND
SEARCH THE VEHICLE.
People v. Rorabaugh (2022).
Interrogations
Cal. App. 5th
A SUSPECT'S STATEMENT TO A PEACE OFFICER WAS COERCED DUE TO
THE OFFICER'S THREATS TO ARREST THE SUSPECT'S TWO SONS.
People v. Jimenez (2021).
Cal. App. 5th
A CUSTODIAL INTERROGATION INITIATED BY THE SUSPECT AFTER HE
REQUESTED AN ATTORNEY VIOLATED THE
CONSTITUTIONAL RIGHTS.
People v. Avalos (2022) _ Cal. App. 5th
Specific Crimes
SUSPECT'S
A SUSPECT IS NOT GUILTY OF AUTO THEFT IF THE SUSPECT
MISTAKENLY BELIEVED THAT HE HAD PERMISSION TO TAKE OR DRIVE
THE VEHICLE.
People v. Speck (2022)
Cal. App. 5th
A MINOR WHO STOOD BEHIND THE VICTIM YELLING DURING A
ROBBERY WAS NOT GUILTY OF AIDING AND ABETTING THE ROBBERY.
In re K.M. (2022)
Cal. App. 5th
•
•
New Legislation
Fish and Game Code section 5517 was amended to expand the
misdemeanor crime of taking a white shark to prohibit using any shark
bait, shark lure, or shark chum to attract a white shark; placing any shark
bait, shark lure, or shark chum into the water within one nautical mile of a
shoreline, pier, or jetty when a white shark is either visible or known to be
present; or placing any shark bait, shark lure, or shark chum into the
water for the purpose of viewing any shark when a white shark is visible
or known to be present.
Penal Code section 487 establishing grand theft was amended to add,
"If the value of the money, labor, real property, or personal property
taken exceeds nine hundred fifty dollars ($950) over the course of distinct
but related acts, the value of the money, labor, real property, or personal
property taken may properly be aggregated to charge a count of grand
theft, if the acts are motivated by one intention, one general impulse, and
one plan."
Penal Code sections 626 et seq. were amended to add "independent
institutions of higher education" to those entities (public universities,
community colleges, secondary schools and below) that these school
trespass laws apply to.
Penal Code section 653.22 was repealed. The misdemeanor crime of
loitering with the intent to commit prostitution has been repealed.
• Penal Code section 853.6 was amended to add two additional reasons
for a peace officer to not release a misdemeanor arrestee with a notice to
appear: 1. The person has been cited, arrested, or convicted for
misdemeanor or felony theft from a store in the previous six months. 2.
There is probable cause to believe the person is guilty of committing
organized retail theft (P.C. 490.4).
•
Penal Code section 11411 was amended to make the crime of hanging
a noose on the private property of another person or on the property of a
primary school, a junior high school, a high school, college campus, public
park, or place of employment, for the purpose of terrorizing another
person a felony/misdemeanor (a wobbler). The section was expanded to
also apply to all schools, public places, places of worship, and cemeteries.
Penal Code section 16920 was amended to expand the definition of
. Penal Code section 23920 was amended to add the