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Recent Blog Posts
Police search parolee's cellphone; make arrest in Oakland Museum heist
Police in Oakland, California arrested a parolee on suspicion of theft crimes after searching his cellphone Sunday morning. This blog has previously discussed a variety of issues where law enforcement needs to obtain a search warrant. However, Oakland Police say that no search warrant was necessary in Sunday's investigation because the man is on parole.
What law enforcement claims to have found in the cellphone search were pictures of a Gold-Rush era jewelry box and a pistol which were stolen in two separate alleged burglaries at the Oakland Museum. Law enforcement arrested the parolee after the investigation.
Police believe that the man is linked to a burglary at the museum on January 9 when the jewelry box disappeared, and also to a burglary November 12, when gold nuggets and gold-rush era pistols disappeared. However, for now at least, the man is charged with receiving stolen property related to the box.
Bobby Brown sentenced of DUI, probation violation and license suspension
When a person is on probation for a prior conviction, authorities tend to seek ways to allege a probation violation. Many probation violations may involve technical violations of a term or condition. However, some people may face allegations of a violation based upon new criminal charges. When probation violations are alleged with new charges, a person may face criminal consequences arising from the alleged violation, as well as in the new criminal case.
That type of combination was involved in the recent drunk driving charges that Bobby Brown was facing. The singer was arrested October 24 on suspicion of DUI. That was Brown's second DUI arrest during 2012, and the 44-year-old singer was still on probation for a March 2012 DUI when he was picked up last October in Los Angeles, California on the new DUI allegations. Authorities also say that Brown's license was suspended at the time of the October DUI arrest.
The singer did not personally appear in court Tuesday. However, his criminal defense lawyer entered a plea on behalf of Brown to resolve the criminal issues involved. Brown was ordered to serve 55 days in jail, but the jail time actually is divided among several different issues. The judge reported imposed 10 days each on the new DUI conviction on the conviction for driving while suspended. The court also ordered Brown to serve 35 days for the probation violation on the prior DUI.
State senator seeks to tighten California DUI drug charges
A California lawmaker is proposing a form of zero tolerance rule to driving under the influence of medications under California law. The measure proposes to make any detectable amount of any drug listed in California's schedules of controlled substances would suffice to bring California drugged driving charges against a driver.
The Santa Ana, California state senator says that the proposal would make an exception for medications that are duly prescribed by a doctor and taken in accordance with the medically prescribed dosage. The exception reportedly would account for medical marijuana law in California.
Some commentators compare the drugged driving proposal to the legal limit to drive set for alcohol. California law presumes that a driver is impaired at an alcohol level of 0.08 percent blood alcohol concentration. However, the measure proposes to give law enforcement and prosecutors the ability to bring DUI charges based upon any detectable amount Class I through IV drugs and medication for drivers who have no prescription.
California medical marijuana patient arrested again for pot cultivation
For the second time in roughly a-year-and-a-half, a California medical marijuana patient has been charged with marijuana cultivation charges after police raids in two separate counties.
In September 2011, Butte County officials conducted a raid on a home in rural Concow, California. Police reportedly seized marijuana plants during that raid. Authorities say that 39 plants were found. The residents of the home were arrested on suspicion of marijuana cultivation charges, despite California's medical marijuana laws.
Authorities brought felony drug charges accusing the residents of possession of marijuana and possession with intent to sell pot. Child endangerment and abuse charges were also filed based upon the presence of children and the medical marijuana patient's consumption of marijuana while breastfeeding, according to authorities.
The woman and her partner each reportedly have medical documentation to show that they are medical marijuana patients. The woman, a 30-year-old mother of two (at the time of the 2011 raid), had her children taken away by child welfare services after her arrest. The children were later returned-- however, the criminal charges remained in place. The woman gave birth to a third child and the couple moved away from Butte County late last year.
US Supreme Court clarifies detentions during police raids
In 1981, the United States Supreme Court ruled that officers have the authority to detain people without suspicion of criminal activity during the execution of a search warrant at a residence.
The 1981 ruling was based on the concepts of officer safety and to keep a person from fleeing during a raid. However, the high court provided more clarification to the scope of the constitutional authority law enforcement has in detaining people without suspicion during a raid in a ruling handed down Tuesday.
The justices voted six to three limiting the authority of police to detain a person related to a search to the immediate vicinity of the location identified in the search warrant. Generally, law enforcement is not entitled under our Constitution to unreasonably detain a person without a basis to suspect the person of criminal activity.
In 2005, a man left an apartment with a friend. Law enforcement was about to raid the apartment to search for a gun. But the two men got in a car and left the building before police entered with a warrant. The men did not know that police intended to search the home.
Two Fairfield residents arrested on marijuana charges after raid
Law enforcement arrived at the residence after police suspected a Fairfield couple of marijuana crimes. Police in Vacaville, California claim that law enforcement saw activity that officers believe may have been some kind of marijuana transaction. The married couple drove away after the alleged pot deal. However, authorities say that they obtained a search warrant. Officers apparently found the married couple in Modesto January 31 and searched their car.
Authorities say that 50 pounds of processed marijuana was discovered, along with a handgun. After the car search, officials went to Fairfield to raid the couple's home. Officers say that they found more pot at the residence, along with other items that were seized.
Following the raid in Fairfield, Vacaville police expanded their probe and obtained warrants to search two more homes in Vallejo. It is not clear from the media what led authorities to suspect contraband may have been present in the Vallejo homes. Law enforcement says indoor marijuana grows were discovered at the Vallejo locations. No arrests were made at those homes.
Three arrested on drug charges after Southern California bath salts probe
The conflict between state and federal laws, the scope of California's medical marijuana laws and local ordinances barring or regulating medpot dispensaries have all been tough issues across the state for some time now.
As the courts and officials struggle with the state of medical marijuana issues, law enforcement in Southern California have made arrests alleging that a group of people violated California drug possession and sales laws by allegedly selling bath salts in medical marijuana facilities.
Ventura County authorities claim that the substances contain methamphetamine-like qualities and were sold under the monikers, such as, "Bubbles," "Stardust," and "lady bug attractant" according to a Southern California district attorney.
Authorities apparently opened an investigation into the synthetic substances last summer. Officials assert that a woman was in a car accident. Authorities claim that she had taken bath salts before the crash, according to NBC Southern California. The investigation apparently involved an undercover operation.
Chris Brown to challenge probation violation allegations in Rihanna assault case
Today marks the fourth anniversary of the date that prosecutors say Chris Brown struck Rihanna in Southern California. Brown entered a negotiated plea deal with prosecutors in 2009 and pled guilty to felony assault, according to CNN. In August 2009, Brown was sentenced to five years probation, and under his plea agreement, he was allowed to perform community service in Virginia.
Brown appeared in court Wednesday after prosecutors claimed that Brown failed to perform the 180 days of community service required under his sentence. The entertainer did not appear alone at the hearing, Rihanna reportedly sat behind Brown in the courtroom.
Prosecutors challenge the records that Brown submitted to show that he had completed the service in Virginia. Brown was allowed under his sentence to perform the service under the supervision of the Chief of Police in Richmond, Virginia. But the prosecutor in Los Angeles calls the paperwork sloppy and fraudulent. However, officers out east reportedly assert that Brown performed the community service as required.
CHP accuses man of felony DUI after crashing into Watsonville home
The California Highway Patrol believes that a 20-year-old Watsonville, California man was driving under the influence when police say he crashed his car into a Lakeview Road home Sunday. Authorities seek felony DUI charges against the man. The CHP says that a woman inside the Watsonville home suffered major injuries when a Ford Fusion crashed into the residence. The woman reportedly was trapped by a dresser in the home and the car that slammed into the home.
Emergency responders extricated the woman from the wreck and flown to a trauma center in Santa Clara County. Authorities say that the woman suffered major injuries.
Police say that the 20-year-old driver accused of slamming into the home had a blood alcohol reading above the California legal limit. The CHP says that the man measured around twice the legal limit, although details about the chemical test and the actual alleged blood alcohol level were not reported in a recent Santa Cruz Sentinel report.
Former 49er and Raider Kwame Harris accused of felony domestic assault
Police say that the argument began in the restaurant, and authorities assert that Harris became angrier when his dining partner poured soy sauce on the former tackle's rice at the restaurant.
However, prosecutors say that the verbal argument during dinner did not resolve, and eventually grew to a physical altercation later in the evening. The former NFL football player was charged last fall with felony domestic abuse with great bodily injury and assault with great bodily injury. He pled not guilty to the charges during the fall, and the case is now scheduled to go to trial in April.
Prosecutors claim that the 240 pound former tackle had a romantic relationship with a 220 pound Los Angeles resident, who was visiting the San Francisco area when the argument broke out. Authorities also say that the two men had previously lived together, but had broken up before the alleged altercation. Police accuse the former football player of pinning his ex-boyfriend against a plate glass window as the argument escalated.
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