Blog
Saying It’s Your Job Don’t Make it Right, Boss.
Sandoval v. Cty. of Sonoma,
2018 U.S. App. LEXIS 36147 (9th Cir. Dec. 21, 2018)
California Vehicle Code § 14602.6(a)(1) provides that a peace officer may impound a vehicle for 30 days if the vehicle’s driver has never been issued a driver’s license. Local
It’s Tricky: Entry gained by “ruse” ruled an illegal search
Whalen v. McMullen, 2018 U.S. App. LEXIS 30686 (9th Cir., October 30, 2018).
“And in the city it’s a pity ’cause we just can’t hide / Tinted windows don’t mean nothin’, they know who’s inside.”
Run-D.M.C., It’s Tricky, Raising Hell (Profile, 1986).
A state fraud
San Francisco has reversed course on use of lethal robots …for now
In a twist more closely resembling a Hollywood movie than reality, the San Francisco Police Department recently stood on the brink of employing bomb-toting robots authorized to deploy lethal force on members of the community. In late November 2022, the San Francisco Board of Supervisors voted 8 to 3 in
Civil Cases for Criminal Practitioners Archive (October 2018)
IRS Agent Audits Potty, Violates Fourth Amendment
Ioane v. Hodges, 2018 U.S. App. LEXIS 25569 (9th Cir. Sep. 10, 2018)
Okay, I made up the phrase “potty audit,” but here’s what happened. IRS agents lawfully executed a search warrant in the presence of the homeowners. Or rather, they
Women in the Law: Mary Maguire & Antonia Jemnez
In re Maguire, 57 Cal. 604 (1881). People v. Jemnez, 49 Cal. App. 2d Supp. 739 (1942).Sail’er Inn, Inc. v. Kirby, 5 Cal.3d 1 (1971).
In 1880, San Francisco passed a law prohibiting women from working in any “dance-cellar, bar-room, or in any place where… liquors are used or sold.”
When Cops Kill: Constitutional Cases for Justice Warriors
Peck v. Montoya, 51 F.4th 877 (9th Cir. 2022).
In October, the Ninth Circuit published an excessive force decision in Peck v. Montoya, 51 F.4th 877 (9th Cir. 2022). The decision is important for Justice Warriors to understand because it, unfortunately, narrows who can sue and
Civil Cases for Criminal Practitioners Archive (September 2018)
Fourth and Fifth Amendments apply to cross-border shooting where victim is in Mexico.
Rodriguez v. Swartz, 899 F.3d 719 (9th Cir. 2018)
While standing on high ground on the U.S. side of the border, Border Patrol Agent Lonnie Swartz opened fire through the border fence, killing a
Civil Cases for Criminal Practitioners Archive (June 2018) – Disability Rights are Civil Rights
ADA Compliance During Police Detention
Vos v. City of Newport Beach, No. 16-56791, 2018 U.S. App. LEXIS 15633 (9th Cir. June 11, 2018)
Police surrounded a mentally-ill man at a 7-11 store. As has become all too common, the police shot and killed him. The Vos case confirms
Women in the Law Series: Clara Shortridge Foltz and U.C. Hastings Law School
Today we honor Clara Shortridge Foltz, the first woman to attend UC Hastings. Among many other accomplishments, Foltz was also the first woman in California to: join the Bar, hold statewide office, and serve as deputy district attorney.
U.C. Hastings had originally NOT admitted Clara Shortridge Foltz because the directors
Constitutional Cases for Justice Warriors (November 8, 2022)
In February, the state released the results of an audit revealing that 185 people had died in San Diego County’s jails from 2006 through 2020, raising “concerns about underlying systemic issues with the Sheriff’s Department’s policies and practices.”
This year alone, at least twenty people
9TH CIRCUIT CRIMINAL HANDBOOK
Along with the Honorable Larry A. Burns, Tim Scott is the author of the Ninth Circuit Criminal Handbook, which is updated annually.