Mon. Nov 25th, 2024

Category: Motions

PC 236 Penal Code – False Imprisonment

Penal Code § 236 PC – False Imprisonment – California Law California Penal Code § 236 PC defines the crime of “false imprisonment” as unlawfully restraining, detaining, or confining a…

PC 146 Penal Code – False Arrest

2011 California Code Penal Code 146 PART 1. OF CRIMES AND PUNISHMENTS CHAPTER 7. Other Offenses Against Public Justice Section 146 Every public officer, or person pretending to be a…

Counterman v. Colorado – Supreme Court sets higher bar for prosecuting threats under First Amendment

Counterman v. Colorado – Supreme Court sets higher bar for prosecuting threats under First Amendment justices raising the bar for establishing when a statement is a “true threat” not protected…

Prosecutor’s Obligation to Disclose Exculpatory Evidence

What is Exculpatory Evidence? – Definition, Examples & Importance Exculpatory evidence is any evidence in a criminal trial that supports the idea that the defendant is not guilty. In this…

Los Angeles County Sheriff’s Department SB-1421 Records

Los Angeles County Sheriff’s Department SB-1421 Records Effective January 1, 2019, Senate Bill 1421 (SB 1421) amended Penal Code Section 832.7 which generally made all peace officer personnel records and…

California Senate Bill 16 (SB 16) – 2023-2024 – Peace officers: Release of Records

California Legislature Passes Senate Bill 16; Expanding Peace Officer Records Accessible to the Public California Senate Bill 16 (SB 16) 2023 – 2024 – Release of Records – Police officers…

How Access to California Police Records

How Access to California Police Records The Legislature has responded to public pressure calling for increased transparency into local policing by passing two new laws that mandate disclosure of records…

What is Probable Cause? and.. How is Probable Cause Established?

What is Probable Cause? and.. How is Probable Cause Established? Probable Cause The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches…

What Is Traversing a Warrant (a Franks Motion)?

WHAT IS A FRANKS MOTION AND HEARING IN CALIFORNIA? Brief Synopsis: To have the judge in a case order the production of the affidavit used to secure a search warrant,…

Misuse of the Warrant System – California Penal Code § 170 – Crimes Against Public Justice

California Penal Code § 170 – Misuse of the Warrant System – Crimes Against Public Justice 2022 California Code Penal Code – PEN PART 1 – OF CRIMES AND PUNISHMENTS…

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