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BB&K Police Chief Bulletin: Use of Social Media - Police Posted Photos on...

Overview: After posting an evidence photo on the department’s Facebook page but not logging it as evidence in the case file -- thereby excluding critical evidence in a trial -- the Fresno Police...

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BB&K Police Chief Bulletin: Search of Vehicle “Black Box" - Admissible...

Overview: A California appellate court recently upheld the admission of evidence obtained from the sensing diagnostic module (SDM) of a vehicle impounded after a fatal crash. The SDM decides whether to...

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BB&K Police Chief Bulletin: Involuntary Confession - Involuntary Confession...

Overview: A California appellate court recently ruled that an involuntary confession motivated by an officer’s false promises of leniency was not admissible at trial. During the interrogation, the...

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BB&K Police Chief Bulletin: K-9 Searches - Supreme Court Just Says No to K-9...

Overview: In a 5-4 decision,the U.S. Supreme Court this week ruled that a Florida police dog’s sniffing for drugs in front of a man’s home constituted an illegal search. Based on an unverified tip,...

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BB&K Police Chief Bulletin: Distracted Driving - Looking at Map on Cell...

Overview: The Appellate Division of the Fresno County Superior Court recently held that using a cell phone solely for its map function violated the Vehicle Code. Section 23123(a) prohibits driving...

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BB&K Police Chief Bulletin: Public Records - Public Records Act May Require...

Overview: A Santa Clara County Superior Court judge recently ruled that the California Public Records Act (PRA) required government agencies to disclose communications relayed through the...

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BB&K Police Chief Bulletin: Custodial Arrest - Only Three Ways to Support...

Overview: The Ninth Circuit Court of Appeals recently ruled that police could not take into custody a person cited for an infraction (in this case, trespassing) unless the arrestee has no satisfactory...

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BB&K Police Chief Bulletin: DUI Blood Test - Alcohol Dissipation Does Not...

Overview: The U.S. Supreme Court recently ruled that the natural dissipation of alcohol in the bloodstream did not necessarily create an exigent circumstance justifying a warrantless blood test in all...

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New Law Provides Resources to Identify Persons Prohibited from Having...

Wednesday, Governor Jerry Brown signed into law a bill that provides $24 million to fund the Armed Prohibited Persons System (APPS), the only state database to cross-reference all handgun and...

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BB&K Police Chief Bulletin: “Two-Step” Interrogation - Intentionally Delayed...

Overview: The Ninth Circuit Court of Appeals recently reversed a drug conviction in a case where FBI agents deliberately delayed Miranda warnings to induce the defendant’s confession. The court found...

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BB&K Police Chief Bulletin: Discarded Evidence - Handgun Not Product of...

Overview: The Ninth Circuit Court of Appeals recently upheld a conviction for felony firearm possession in a case where the handgun owner discarded the weapon before being seized. The court found that,...

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BB&K Police Chief Bulletin: Pitchess Motions - Court Must Examine Actual...

Overview: A California appellate court recently ruled that, during the in camera review of peace officer personnel files following a Pitchess motion, the reviewing court must examine the actual records...

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BB&K Police Bulletin: Probation Search - “Search Terms” Allow Officers to...

Overview: A California appellate court recently ruled that a peace officer could search any part of a residence over which a probationer with “search terms” as a condition of probation had joint...

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BB&K Police Bulletin: DNA Collection - U.S. Supreme Court Upholds Cheek Swab...

Overview: The United States Supreme Court has upheld a Maryland law authorizing police to collect a DNA sample from suspects charged with violent crimes. Using the cheek swab of an assault suspect in...

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BB&K Police Bulletin: Medical Marijuana Defense - No Compassionate Use...

Overview: A California appellate court recently rejected the compassionate use defense invoked by three California growers claiming to operate a medical marijuana collective serving 1,700...

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BB&K Police Bulletin: GPS “Ping” - No Fourth Amendment Violation When GPS on...

Overview: A California Appellate Court recently found no Fourth Amendment violation where police used the Global Positioning System (GPS) on a stolen cell phone to locate and detain the thief. The...

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BB&K Police Bulletin: Fifth Amendment Privilege - Suspect Forfeits Right to...

Overview: The U.S. Supreme Court recently rejected the Fifth Amendment claims of a man whose silence during police questioning was used as evidence of guilt. During a non-custodial interrogation, the...

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BB&K Police Bulletin: Search Warrants - BB&K Victory Securing Qualified...

Overview: The Ninth Circuit recently refused to suppress evidence of child pornography found on the iPod of an alleged child molester during a search of his home. The court explained that the outcome...

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BB&K Police Bulletin: Firearms Forfeiture - Police Seize and Destroy...

Overview: A California appellate court recently upheld Welfare and Institutions Code Section 8102, which authorized the seizure and destruction of firearms belonging to a woman admitted to a mental...

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BB&K Police Bulletin: Detention and Seizure - Voluntary Relinquishment of...

Overview: A California appellate court recently ruled that the voluntary relinquishment of one’s identification card, upon request by a law enforcement officer, did not constitute a detention or...

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