“HIGH-CAPACITY MAGAZINES” ARE NOW ILLEGAL IN CALIFORNIA
It took five years, but Prop 63 is now the law. In 2016, the California voters passed Prop 63, which outlawed most “large capacity magazines,” as defined by the proposition as a magazine that holds...
View ArticleSpecific Intent Crimes vs. General Intent Crimes
There is a very important concept in the application of criminal law: Intent. Most criminal acts require an element of intent, otherwise the act is generally one of negligence. (Some crimes, while not...
View ArticleCRIMINAL RESTITUTION
Most people are vaguely aware that the court may order a direct restitution payment to the victim of a defendant’s criminal conduct. In fact, criminal restitution is almost always mandated by law when...
View ArticleA SEARCH WARRANT MUST ESTABLISH PROBABLE CAUSE TO SEARCH
Issuance and execution of a search warrant has been in news this summer. You have probably read a few articles that mention the standards for the issuance and execution of a search warrant....
View ArticleTHE CALIFORNIA POLICE CHASE: TUNE INTO CHANNEL 4 FOR THE REAL-LIFE DRAMA
Those of you who are old enough will no doubt remember the slow-motion Los Angele Police Department pursuit of O.J. Simpson’s Ford Bronco in June of 1994. The “chase” (if you can call it that) lasted...
View ArticleNEW LEGISLATION WILL AUTOMATICALLY DISMISS SOME PRIOR CONVICTIONS
Legislation recently signed into law by Governor Newsom will make certain previously convicted individuals automatically eligible for the dismissal of their conviction when four years have passed...
View ArticleCalifornia CARE Courts: A New Approach to Mental Health Treatment and Crime
In 2022, California Governor Gavin Newsom signed into law a bill creating Community Assistance, Recovery and Empowerment (CARE) Courts, a new system of courts designed to provide treatment and support...
View ArticleIS LIVESTREAMING A LAW ENFORCEMENT-CITIZEN CONTACT LEGAL?
Depending upon your point of view “livestreaming” police contacts benefits citizen civil rights, impedes police officers’ ability to do their job, and/or instigates riots. All these things are true....
View ArticleNEW GUN CONTROL LAWS SIGNED INTO LAW BY THE GOVERNOR OF CALIFORNIA
California already has some of the toughest gun laws in the country. Governor Newsom just made the laws even tougher when he signed new gun control bills into law that aim to address the rising gun...
View ArticleWHEN DOES A POLICE SEARCH OF A VEHICLE VIOLATE THE 4TH AMENDMENT?
As has been discussed many times in these pages, the Fourth Amendment secures the right to be free of searches absent a warrant establishing probable cause. A law enforcement search without probable...
View Article
