Important Court of Appeal Decision Regarding Prolonged Detention of Third Party During Probation Compliance Search

On March 29, 2018, the Court of Appeal reversed a Trial Court's decision denying Defendant's motion to suppress pursuant to Penal Code section 1538.5. The Court of Appeal ruled "the extended detention of defendant was unreasonable where the court could not say that the entire period of defendant's detention was justified by government interests made … Continue reading Important Court of Appeal Decision Regarding Prolonged Detention of Third Party During Probation Compliance Search

San Diego Court Rules Warrant Ordering Defendant to Provide iPhone Pass Code Violated Fifth Amendment

In a follow up to my earlier post indicating this was an issue of first impression in California, a San Diego Superior Court Judge ruled that the compelled disclosure of the defendant’s pass code violated the Fifth Amendment. Since the court determined, partly relying on U.S. Supreme Court precedent, that providing a pass code is … Continue reading San Diego Court Rules Warrant Ordering Defendant to Provide iPhone Pass Code Violated Fifth Amendment