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Archives - May 2009

20
May

SAN DIEGO POLICE OFFICER DAMON SMITH WITHHOLDS EVIDENCE IN CASES

OCEANSIDE — Some convicts could get new trials because an Oceanside police officer withheld some taped interviews in cases dating to 2001, it was reported Tuesday. Officer Damon Smith, who disclosed that he had some recordings in his locker that were not entered into evidence as part of a domestic violence case in April, apparently …

15
May

ANONYMOUS CALL, NO SOURCE OF PROBABLE CAUSE, NO PROBLEM

Well, the outrage of the week has three actual outrages in it. The police get an anonymous call of a disturbance outside a house, and maybe one guy has a gun. The police respond and see the defendant and another, and try to detain them. The defendant resists arrest. First issue: the detention is unlawful …

8
May

SAN DIEGO DUI DEFEWNSE: DRUNK DRIVING CONVICTION REVERSED FOR INSUFFICIENCY OF THE EVIDENCE

When’s the last time you saw a case holding that there was insufficient evidence as a matter of law to convict the defendant of DUI? Maybe never? The defendant didn’t stop his truck behind the limit line at an intersection, with perhaps half the truck over the line before the defendant stopped. The offficer (this …

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