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POINT OF VIEW: 2021 EDITIONS Recent Cases. US v. Venezia (10C 2021) __ F3 __ : In this case, a three-judge panel of the Tenth Circuit ruled there was insufficient reason to tow a vehicle driven by the defendant even though (1) they had arrested him on a traffic warrant; (2) the vehicle was located in the parking lot of a motel in a high-crime area; (3)the
POINT OF VIEW
Alameda County District Attorney's Office. Permission to reprint: Although Point of View is copyrighted, articles and recent case reports may be reprinted for any educational or public service purpose if attributed to the Alameda County District Attorney's Office. Executive Editor. Nancy POINT OF VIEW: 2020 EDITIONS People v. Lopez (2020) 46 Cal.App.5th 317. Issue: If officers arrest a person for driving under the influence of drugs, does he effectively consent to a blood draw if he does not object when informed that he is required by law to provide a blood sample? U.S. v. Blakeney (4th Cir.2020) 949 F.3d 851.
PEOPLE V. JOHNSON ISSUES POINT OF VIEW ONLINE 1 People v. Johnson (2020) __ Cal.App.5th __ Issues (1) Does the odor of marijuana from inside a vehicle provide officers with probablePOINT VIEW MIRANDA
1 Fall 2012 POINT OF VIEW When Compliance Is Compulsory In applying Miranda, one normally begins by asking whether custodial interrogation has taken place.1 Consequently, officers often find themselves in a PEOPLE V. TRAN ISSUE FACTS DISCUSSION POINT OF VIEW ONLINE. 1 . People v. Tran (2019) __ Cal.App.5th __ Issue . Did an officer violate the Fourth Amendment by seizing a dashcam from a driver whoHARVEY-MADDEN
21 POINT OF VIEW SOURCE TESTIFIES: The prosecution may, of course, satisfy Harvey-Madden by presenting testimony from the source of the information; e.g., the victim, wit-ness, officer.11 INTERMEDIARY TESTIFIES: As noted, in most cases the intermediary is an (CALECPA) - LE.ALCODA.ORG CALIFORNIA CRIMINAL INVESTIGATION 188 Obtaining Subscriber Information Defined: “Subscriber information” consists of the subscriber’s name, address, phone number, email address, or “similar contact information” which the subscriber submitted to the provider in orderto
PEOPLE V. MCKNIGHT
POINT OF VIEW ONLINE 1 People v. McKnight (2017) __ P.3d __ Note This case was decided by the Court of Appeals in Colorado. Although it is not binding HOME — ALAMEDA COUNTY DISTRICT ATTORNEY'S OFFICEABOUT THE OFFICEMEET YOUR DANEWSROOMVICTIM-WITNESS SERVICES Alameda County District Attorney Nancy E. O’Malley has filed a criminal complaint against David Misch. The complaint charges Misch with the murder and kidnapping of Michaela Garecht on November 19, 1988, in the city of Hayward. In addition to the charge of Murder, a violation of Penal Code Section 187, the District Attorney alsoalleges
POINT OF VIEW: 2021 EDITIONS Recent Cases. US v. Venezia (10C 2021) __ F3 __ : In this case, a three-judge panel of the Tenth Circuit ruled there was insufficient reason to tow a vehicle driven by the defendant even though (1) they had arrested him on a traffic warrant; (2) the vehicle was located in the parking lot of a motel in a high-crime area; (3)the
POINT OF VIEW
Alameda County District Attorney's Office. Permission to reprint: Although Point of View is copyrighted, articles and recent case reports may be reprinted for any educational or public service purpose if attributed to the Alameda County District Attorney's Office. Executive Editor. Nancy POINT OF VIEW: 2020 EDITIONS People v. Lopez (2020) 46 Cal.App.5th 317. Issue: If officers arrest a person for driving under the influence of drugs, does he effectively consent to a blood draw if he does not object when informed that he is required by law to provide a blood sample? U.S. v. Blakeney (4th Cir.2020) 949 F.3d 851.
PEOPLE V. JOHNSON ISSUES POINT OF VIEW ONLINE 1 People v. Johnson (2020) __ Cal.App.5th __ Issues (1) Does the odor of marijuana from inside a vehicle provide officers with probablePOINT VIEW MIRANDA
1 Fall 2012 POINT OF VIEW When Compliance Is Compulsory In applying Miranda, one normally begins by asking whether custodial interrogation has taken place.1 Consequently, officers often find themselves in a PEOPLE V. TRAN ISSUE FACTS DISCUSSION POINT OF VIEW ONLINE. 1 . People v. Tran (2019) __ Cal.App.5th __ Issue . Did an officer violate the Fourth Amendment by seizing a dashcam from a driver whoHARVEY-MADDEN
21 POINT OF VIEW SOURCE TESTIFIES: The prosecution may, of course, satisfy Harvey-Madden by presenting testimony from the source of the information; e.g., the victim, wit-ness, officer.11 INTERMEDIARY TESTIFIES: As noted, in most cases the intermediary is an (CALECPA) - LE.ALCODA.ORG CALIFORNIA CRIMINAL INVESTIGATION 188 Obtaining Subscriber Information Defined: “Subscriber information” consists of the subscriber’s name, address, phone number, email address, or “similar contact information” which the subscriber submitted to the provider in orderto
PEOPLE V. MCKNIGHT
POINT OF VIEW ONLINE 1 People v. McKnight (2017) __ P.3d __ Note This case was decided by the Court of Appeals in Colorado. Although it is not bindingNEWSROOM: JUNE 2021
A federal judge’s recent decision to overturn California’s long-standing ban on assault weapons overturns not only years of state law, but undermines the awareness that assault weapons are used in mass shootings, and not for hunting or personal safety. HOME — ALAMEDA COUNTY DISTRICT ATTORNEY'S OFFICE Welcome Law Enforcement Officers & Prosecutors. Welcome to the Alameda County District Attorney's website for law enforcement officers andprosecutors.
NEWSROOM: PEOPLE VS. CURTYS TAYLOR Defendant Curtys Taylor elected to go to trial and was convicted on April 29, 2021, of First Degree Murder and Conspiracy to Commit Murder. Both Defendants will be sentenced together. Ms. Ramirez was a volunteer Explorer at the Alameda County Sheriff’s Office and had dreams of becoming a police officer. However, her dreams were cutshort by
COMMUNITY OUTREACH: YOUTH EMPLOYMENT PROGRAMS Youth Employment Programs. Our Office is committed to enriching the lives of young people through educational and employment opportunities. We aim to provide the next generation with real life experiences in the working world while encouraging youth to HOME: FORMS FOR OFFICERS Vehicle Tracking Return (16.21 Kb PDF) Application For Drone When Executing (17 Kb PDF) Application For Thermal Imaging (19 Kb PDF) Records: Transfer of Seized Evidence Order (27 Kb PDF) Computer Search: Request and Order for Off-Site Computer Search (11 Kb PDF) Return and Inventory (57Kb PDF) INVESTIGATIVE DETENTIONS Chapter 1 INVESTIGATIVE DETENTIONS 5 Handcuffing: Detainees may be handcuffed only if reasonably necessary; e.g., detainee was combative, a flight risk, detainee possessed ammunition, detention for violent crime.25 Tight handcuffs: Handcuffs must not be applied more tightly than necessary.26 Duration: Handcuffs must not be applied for an unreasonable length of time.27 FOR SEVERAL YEARS, THE DA’S OFFICE HAS PRESIDENT OF Alameda County Family Justice Center (510) 267-8800 470 27th St. Oakland www.acfjc.org CONNECT WITH US QUICK LINKS Alameda County Courts Case Portal: For information pertaining to specific cases.PEOPLE V. MCKNIGHT
POINT OF VIEW ONLINE 1 People v. McKnight (2017) __ P.3d __ Note This case was decided by the Court of Appeals in Colorado. Although it is not binding PEOPLE V. TRAN ISSUE FACTS DISCUSSION POINT OF VIEW ONLINE. 1 . People v. Tran (2019) __ Cal.App.5th __ Issue . Did an officer violate the Fourth Amendment by seizing a dashcam from a driver who COMMUNITY CARETAKING SEARCHES Community Caretaking Searches and the restructuring of “exigent circumstances” “Many of us do not know the names of our next-door neighbors. Because of this, tasks that neighbors, friends or relatives may have performed in the past now fall to theContact us Twitter
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Meet District Attorney Nancy E. O’Malley OFFICE OF THE ALAMEDA COUNTY DISTRICT ATTORNEY Nancy E. O’Malley, District Attorney* Home
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IN HONOR OF MENTAL HEALTH AWARENESS MONTH On May 12, DA Nancy O’Malley had the unique opportunity to speak with Claire Bidwell Smith, a grief therapist and author of the best-selling book Anxiety: The Missing Stage of Grief. _View on YouTube here _ DA O’MALLEY AND STATEWIDE DAS ANNOUNCE VITAL INFO. FOR VICTIMS DURING COVID-19 CRISIS DA O'MALLEY AND STATEWIDE DAS ANNOUNCE VITAL INFORMATION FOR VICTIMS DURING COVID-19 CRISIS The District Attorneys of Alameda, Los Angeles, Sacramento, San Diego and Santa Clara counties have released a two-part Zoom podcast to provide resources and hope during the pandemic to victims of domestic violence, child abuse, elder abuse and sexual assault._Read more..._
ALTHOUGH COURTS ARE CLOSED TO THE PUBLIC THROUGH MAY 29, THE DISTRICT ATTORNEY'S OFFICE REMAINS OPEN AND STAFFED FOR ESSENTIAL WORK AND TO SERVE CRITICAL NEEDS. We are open and will answer the phones during regular business hours to answer your questions. _See full District Attorney phone list here..._ HELP US STOP HATE CRIMES The DA's Office has a hate crime number available for the reporting of hate related crimes: 510-208-4824 (with outgoing messages in English, Spanish, Farsi, Mandarin, Cantonese, and Tagalog.Read more...
PROTECTING DV AND INTERPERSONAL ABUSE SURVIVORS While Shelter in Place measures are necessary to slow the spread of COVID-19, they can pose serious risk for residents who are experiencing domestic and/or interpersonal violence. These FAQs are intended to clarify the current shelter-in-place requirements as they relate to residents facing domestic or other interpersonal violence. See FAQ answers here.. FAMILY JUSTICE CENTER REMAINS OPEN DURING COVID-19 CRISIS The Family Justice Center is open and ready to serve crisis needs for victims and survivors of domestic violence, stalking, sexual assault and exploitation, child abuse, child abduction, elder and dependent adult abuse, and human trafficking. View more information of services available here _CURRENT NEWS & EVENTS XML _ DA O'MALLEY MAKES STATEMENT RE: SAFE REOPENING OF BUSINESSES,INCLUDING TESLA
During this unprecedented period of time, the Alameda County District Attorney’s Office has been and continues to support the Alameda County Public Health Department and local police agencies in ensuring compliance with shelter in place orders. Those orders are intended to protect the health and safety of all members of our community. The Health Department has been working with businesses, including Tesla, to ensure that they can reopen safely consistent with the current orders and the best available science. We will continue to support the Health Department in its efforts and will offer any assistance that may be required. Any and all complaints are being directed to the Alameda County District Attorney Consumer Protection Division. Each and every complaint received will be followed up. “We applaud all members of the community, especially local businesses, for abiding by the Health Officer’s orders, and look forward to the gradual and safe reopening of business” stated Nancy O’Malley, Alameda County District Attorney. ------------------------- HOW AND WHERE TO GET HELP ABOUT COVID-19 CONCERNS FOR RESIDENTS IN SKILLED NURSING FACILITIES Many residents of skilled nursing facilities (“SNFs”), like many of their families and friends, are concerned with the spread of COVID-19 and the impact it has had on those facilities. The Alameda County District Attorney’s Office and the Alameda County Public Health Department recognize that these are unprecedented times and that this novel coronavirus is of serious concern for those with loved ones living in these facilities. The DA’s Office created a guide in hopes of providing useful and direct information, contacts and resources that may aid in addressing such concerns. Included are key points of contact for concerns and/or grievances, as well as resources for residents and their families. View/download the resource guide here ------------------------- HEAR. SEE. SUSPECT. REPORT. - DOMESTIC VIOLENCE AND CHILD ABUSERESOURCE LIST
The District Attorney's Office remains concerned for those suffering from domestic violence and child abuse during the Shelter In Place Order. Resource flyers in English and Spanish are now available to download. Please help your community by printing, and sharing. View/download high resolution English flyer here View/download high resolution Spanish flyer here ------------------------- DA O’MALLEY AND ATTY GEN. BECERRA ANNOUNCE PRICE GOUGING CHARGES AGAINST GROCERY STORE OWNER Alameda County DA O’Malley and California Attorney General Xavier Becerra have announced that their offices have jointly filed a nine-count misdemeanor complaint charging Apna Bazar, a large grocery store in Pleasanton, and Rajvinder Singh, the store’s owner, with price gouging. This prosecution marks the first ever price gouging action in Alameda County. Read more... ------------------------- DA O’MALLEY AND STATEWIDE DISTRICT ATTORNEYS ANNOUNCE VITAL INFO. FOR VICTIMS DURING COVID-19 CRISIS The District Attorneys of Alameda, Los Angeles, Sacramento, San Diego and Santa Clara counties today released a two-part Zoom podcast to provide resources and hope during the pandemic to victims of domestic violence, child abuse, elder abuse and sexual assault. Read more... GROCERY STORES AND RETAILERS NOW EQUIPPED WITH POSTERS ON HOW VICTIMS OF VIOLENCE CAN GET HELP DA O’Malley’s innovative idea has lead to a collaboration with the California Retailer Association and the California Grocers Association. Posters providing information regarding resources for victims of domestic violence and child abuse will be posted in grocery stores and other retail stores that remain open throughout the county.Read more...
THE DISTRICT ATTORNEY’S OFFICE IS OPEN AND DEDICATED TO THE SAFETY OF THE PUBLIC DURING THE COVID-19 CRISIS RESOURCES, INFORMATION AND UPDATES SERVING VICTIMS DURING SHELTER IN PLACE ORDER: Both the District Attorney’s Office and Alameda County Family Justice Center remain open to continue to serve victims and survivors in critical need. Click here for a full list of services available at the FJC. The DA’s Office remains staffed to answer your calls. See a full phonelist here.
FAQS REGARDING PROTECTING DOMESTIC AND INTERPERSONAL VIOLENCE SURVIVORS DURING SHELTER IN PLACE: These FAQs are intended to clarify the current shelter-in-place requirements as they relate to residents facing domestic or other interpersonal violence. See answers here… STOPPING HATE CRIMES: The DA's Office has a hate crime number available for the reporting of hate related crimes: 510-208-4824 (with outgoing messages in English, Spanish, Farsi, Mandarin, Cantonese, and Tagalog. Read more… WHERE AND HOW TO REPORT PRICE GOUGING: The DA’s Office asks anyone who has been a victim of price gouging or has information on potential price gouging due to the current COVID-19 crisis to file a complaint at pricegouging@acgov.org STAYING SAFE FROM COVID-19 SCAMS: In order to report an apparent scam or fraudulent claim please email the DA’s Consumer Protection Division at askcepd-da@acgov.org Click here for more tips on staying safe from potential scammers during the current public healthcrisis…
------------------------- DA O'MALLEY MAKES STATEMENT ON RELEASE OF INDIVIDUALS FROM SANTA RITAJAIL
_Read more in full press release here..._
------------------------- FAQS REGARDING PROTECTING SURVIVORS OF DOMESTIC AND INTERPERSONAL VIOLENCE OR ABUSE DURING SHELTER IN PLACE See the answers to these FAQs here (Spanish - Vietnamese- Cantonese
versions
------------------------- HATE CRIMES AND SPEECH DURING COVID-19 CRISIS There is no place in Alameda County for hate motivated conduct or hate driven words based on race, gender, religion, nationality, sexual orientation, or gender identity. The District Attorney’s Office maintains a HATE CRIME HOTLINE available for the reporting of hate-related crimes: 510-208-4824 (with outgoing messages in English, Spanish, Farsi, Mandarin, Cantonese and Tagalog)._Learn more..._
------------------------- THE FAMILY JUSTICE CENTER REMAINS OPEN The Family Justice Center is open and ready to serve crisis needs for victims and survivors of domestic violence, stalking, sexual assault and exploitation, child abuse, child abduction, elder and dependent adult abuse, and human trafficking. View more information of services available here ------------------------- APARTMENT AND HOME RENTAL SCAM ALERT DA O'Malley wants anyone in the rental market to be cautious when looking to rent an apartment or house. Be vigilant and aware of warning signs and red flags._Learn more..._
------------------------- THE DISTRICT ATTORNEY'S OFFICE CURRENTLY HAS SIX JOB OPENINGS! Fund Development and Grant SpecialistCrime Analyst
Financial Service Specialist Victim-Witness NavigatorClaims Specialist
Victim Advocate
Deadline for application is March 13, 2020. Please visit our Employment page for more information and forapplications.
------------------------- DA O’MALLEY ANNOUNCES FELONY CHARGES AGAINST LIVERMORE MAN IN 1997 COLD CASE SEXUAL ASSAULTS IN LIVERMORE AND UNION CITY._Learn more .._
------------------------- OAKLAND MAN CONVICTED OF TRAFFICKING TEENAGE GIRL. Lonnel Moore found guilty of human trafficking of a minor with force, pimping of a minor, inducing a minor to commit a lewd and lascivious act, and committing a lewd act on a minor. _Read more..._
------------------------- BEWARE OF SCAMMERS PRETENDING TO BE FROM SOCIAL SECURITY Please take note; there’s a Social Security impersonation scam goingaround right now.
_Learn more..._
------------------------- _"JUSTICE FOR ALL"_ , AN INTERACTIVE WEBSITE WITH INFORMATION ABOUT THE OFFICE; PODCASTS, VIDEOS, STORIES AND MORE. Listen to our latest podcasts:"Rape Test Kits"
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CELL SITE SIMULATOR POLICY * Download the PDF of our Cell Site Simulator Policy CANNABIS CONVICTIONS PETITIONS / PROP 64 POLICY Download the PDFs of our Cannabis Convictions Petition (CR-400, CR-401
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