CALL US FOR A FREE CONSULTATION
831-426-5800
831-566-4357
303 Potrero Street, Suite 30,
Santa Cruz, CA 95060
Recent Blog Posts
Police say man approached to confess car theft
After the alleged confession, police apparently investigated the matter. Law enforcement reportedly asked the driver several follow up questions related to the alleged automobile theft crime. The driver apparently told law enforcement that he had stolen the 2000 Honda Civic from an apartment complex. Police say the man admitted using a screwdriver to bypass the ignition system.
Police say they could not have had reason to stop the driver on suspicion of driving a stolen vehicle because the car had not been reported stolen. "The amazing thing was the owner had no idea her car was missing and had not reported it," pointed out the officer. "So there was no way the officers could have singled out the car as stolen in this case had it not been for [his] declaration."
Police say they later discovered that man had been arrested before, both for auto theft and receiving stolen property, and that he was already on probation for a previous grand theft auto conviction.
Man held on suspicion of murder after three county police chase
The man reportedly appeared in a Stockton court Wednesday, although prosecutors still had not filed formal charges. Sunday the man was booked into the San Joaquin County Jail and was held without bail on suspicion of a number of crimes, including murder, vehicle theft and evading police in relation to the Saturday night chase.
When police originally tried to detain the man for questioning related to the allegations of burglary, the man reportedly fled on foot. Police say he jumped a fence along Highway 99 and ran through the traffic lanes disrupting traffic. A motorcyclist, with a passenger aboard, grew distracted and reportedly crashed his bike. The passenger was thrown from the motorcycle and sustained severe head injuries. She later died at a Stanislaus County hospital.
Police claim a Good Samaritan tried to give the motorcyclists assistance and the Manteca man allegedly stole the Good Samaritan's car. Law enforcement says the Manteca man fled south and started a chase through Stanislaus County, crossed over into Merced County and back into Stanislaus. Police say they arrested the Manteca man later that night in Modesto. In all, police claim the man stole three separate vehicles during the Saturday night pursuit.
Santa Cruz County law enforcement creates gang task force
The task force reportedly will focus on people law enforcement believes are gang members. A story in the Santa Cruz Sentinel does not explain how the task force arrives at the conclusion that a suspect is a gang member. Under California law, many offenses provide more severe sentences if prosecutors allege the offense was committed by an alleged gang member. Gang crimes in California can also lead to strikes under the California three strikes law.
The Santa Cruz task force reportedly plans initially to focus on alleged gang crimes in the South County. However, officials say the gang task force will also investigate alleged gang members in other areas of the county, including Santa Cruz, Live Oak and Soquel. Authorities claim they have identified as many as 19 gangs, each of which reportedly will receive task force scrutiny.
Officials have not disclosed the number of members will be included in the overall task force. Law enforcement says the gang task force reportedly will change in size, depending on the time of year and as the task force determines the need for additional officers.
Professor at Cal State accused of drug crimes
The San Bernardino County Sheriff's Department is accusing a Cal State San Bernardino professor of running a drug operation. Law enforcement reportedly conducted a raid on the professor's home and arrested nine people on suspicion of committing California drug crimes. Authorities say the accused professor was not apprehended in the raid.
A report in the Los Angeles Times does not indicate what information led law enforcement to the professor's residence. Law enforcement claims they seized more than a pound of methamphetamine, as well as guns, body armor and biker gear at the professor's home during the recent raid. Police claim the professor led not only the methamphetamine operation, but also led a local chapter of a motorcycle gang.
San Bernardino deputies reportedly arrested the nine people after the raid, claiming they are all involved in the drug operation as mid-level and street-level drug dealers. Authorities claim the professor was the leader of a local chapter of the Devils Diciples Outlaw motorcycle gang.
Men charged with drug crime may not have had an illegal drug
Two men from out-of-state reportedly were traveling through California intending to make a documentary about a substance known as "bath salts." Bath salts are a synthetic substance that is not prohibited under California's drug laws. The men were traveling on a Vespa through the state, when they apparently lost their motorcycle saddlebags on a stranger's property.
The property owner reportedly turned over the lost saddlebags to law enforcement, who conducted a search of the bags, reportedly to find the owners. Law enforcement claims they found three bags containing a white substance, each weighing between 1.7 and 4.4 grams. The deputy conducting the search tested the substance with a Narcopouch and says the presumptive test was positive for cocaine.
The deputy then left a message for the people he believed owned the saddlebags, notifying them where the bags could be retrieved. When the two men appeared at the Sheriff' Office, the men were arrested for suspicion of drug possession.
California lawmakers debate warrants and cell phone searches
In January the California Supreme Court ruled that a police search of a cell phone after an arrest is constitutionally sound. This blog carried a story on the ruling on January 21. The January ruling involved an appeal of a case where Ventura County law enforcement searched a man's cell phone for text messages after the man was arrested on suspicion of committing a California drug crime.
The January ruling may not be the end of the story. Monday the California Assembly unanimously approved a measure aimed at requiring law enforcement to seek a valid warrant before they can lawfully search the contents of a cell phone. However, the Assembly measure differs from a bill that passed in the Senate last month. The Assembly measure waters down the warrant requirement by allowing law enforcement to conduct a warrantless search if they believe an exception applies.
The exceptions that would allow police to conduct a warrantless search under the Assembly bill would involve situations where police believe the search is necessary to prevent injuries, to stop the destruction of evidence or to prevent a crime from occurring.
U.S. Supreme Court to review eyewitness testimony
The United States Supreme Court has not taken a hard look at the reliability of eyewitness testimony since 1977. The Court has agreed to revisit the issue in November. Since the time the issue was before the Court, more than 2,000 studies have been published in professional journals regarding the reliability, or lack of reliability, concerning eyewitness identifications. The nation's highest court previously ruled that judges can exclude some eyewitness identifications if the testimony is unreliable.
The difficulty with the current state of the law on the subject is highlighted by the number of wrongful convictions that have been obtained based upon mistaken identity. Criminal defense attorneys in California and across the country have regularly argued and researchers have compiled a long list of studies indicating that of the roughly 75,000 eyewitness identifications used in the country each year, about one-third are simply wrong.
Santa Cruz tests crime prediction program
The California Highway Patrol says they are requesting felony DUI charges to be filed in relation to the accident. Authorities say a 19-year-old Carmel Valley resident was killed in the roll-over accident and a second passenger was severely injured. Neither passenger was wearing a seat belt at the time of the crash, according to the CHP. A third passenger, who was wearing a seat belt reportedly, suffered minor injuries in the incident, according to the CHP.
Law enforcement says the man accused of driving at the time of the accident crawled up the embankment after the crash to get a signal on his cellphone. The accused man reportedly called in a report of the accident after the crash.
California DUI laws allow prosecutors to seek felony level charges in cases where authorities allege a drunk driving accident caused an injury. A person need not have any prior driving offenses on their record to potentially face a felony DUI if an injury producing accident is involved.
18-year-old facing felony DUI charges
The California Highway Patrol announced Wednesday that an 18-year-old was arrested on suspicion of felony DUI and vehicular manslaughter stemming from allegations surrounding a Saturday evening car accident. Law enforcement says they believe the 18-year-old lost control of a Jeep while traveling on Tassajara Road just after 8:30 p.m. Saturday. The Jeep reportedly rolled several times after leaving the pavement.
The California Highway Patrol says they are requesting felony DUI charges to be filed in relation to the accident. Authorities say a 19-year-old Carmel Valley resident was killed in the roll-over accident and a second passenger was severely injured. Neither passenger was wearing a seat belt at the time of the crash, according to the CHP. A third passenger, who was wearing a seat belt reportedly, suffered minor injuries in the incident, according to the CHP.
Law enforcement says the man accused of driving at the time of the accident crawled up the embankment after the crash to get a signal on his cellphone. The accused man reportedly called in a report of the accident after the crash.
California appellate court invalidates part of DNA Act
The issues were recently before the First District Court of Appeal in San Francisco in regard to a man charged with failure to provide a DNA sample after an arrest on suspicion of arson in 2009. In January 2009, California law began requiring any person arrested for any felony to submit a DNA sample. The law requires the sample to be provided "immediately following arrest, or during the booking . . . process or as soon as administratively practicable after arrest."
The appellate court struck down the law as unconstitutional. The court says a person arrested for a felony, but has not appeared before a judge for "a judicial determination of probable cause" is more like an ordinary citizen than a prisoner.
Ordinary citizens, cloaked in the presumption of innocence, have the full expectation of privacy, free from unreasonable governmental intrusions. The court says convicted prisoners have a "limited expectation of privacy" under the Fourth Amendment.
The appellate court recognizes that only about half of California felony arrests result in a conviction of a crime. The same law is under review in the federal courts in an appeal that has already been argued in the U.S. Court of Appeals for the Ninth Circuit. That court has not issued its ruling.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
