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Archives - July 2011

30
Jul

FAILURE TO PROVIDE FINANCIAL RESPONSIBILITY AND FAILURE TO MAKE A DEMAND The defendant here was convicted of many counts, one of them failing to provide financial responsibility. The California Court of Appeal notes that the statute, Vehicle Code sec. 16028, requires a demand for production of financial responsibility. Here, the only evidence was that the …

29
Jul

ENDANGERING A MINOR; CALIFORNIA PENAL CODE SECTION 654

ENDANGERING A MINOR; PENAL CODE SECTION 654 California Penal Code sec. 273a makes it a crime to cause or permit a child to suffer unjustifiable physical pain. Penal Code 273a(a) imposes a greatly enhanced sentence if the conduct was wilful and was committed under circumstances likely to produce great bodily injury (GBI) or death. The …

29
Jul

CALIFORNIA EVIDENCE: DOG SNIFF AND JUSTIFICATION FOR SEARCHING

During a traffic stop, the police had a “narcotics detection dog” sniff the exterior of the defendant’s pickup truck. The dog alerted to a backpack, leading to a search, leading to lots of evidence. First, the California Court of Appeal says that a dog sniff of an exterior of a vehicle is NOT a search …

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