- San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US AttorneySan Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney
Monder Law Group - News
DUI Checkpoints San Diego
The California Supreme Court under Ingersoll v. Palmer outlined several factors needed to conduct a DUI checkpoint. These factors are: 1. Policy-making officials must make the decision selecting a location instead of officers. An officer in the field should not be the one to establish the site and the procedures...
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DUI Checkpoints
The California Supreme Court did not declare DUI checkpoint unconstitutional. However, the Court outlined eight factors that are “important in assessing intrusiveness.” Ingersoll v. Palmer, 43 Cal.3d 1321, 1341 (1980). These factors are used to minimize the intrusiveness of a DUI checkpoint. One of the eight factors is that the...
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San Diego Border Search
Border searches could be done beyond the international border or its functional equivalent. The extended border search may still be used as a warrantless search. The Fifth Circuit has outlined a three factor test to determine the legitimacy of the extended border search: (1) there must be a showing of...
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Testimonial Statement
The definition of Testimonial changed from Crawford to Davis to Hammon. In Crawford, the definition applies to “prior testimony at a preliminary hearing, before a grand jury or at a former trial; and to police interrogations.” Crawford, 541 S.Ct 1374. The court used the dictionary term of the word which...
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Eye-witness Testimony
On January 27, 1998, a murder took place at a parlor in Harlem. The victim was a retired police officer, Albert Ward. Mr. Ward ran an illegal gambling parlor in Harlem. Law Enforcement responded with full force. They had 37 officers which included four lieutenants and eight sergeants on the...
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Proving Innocence
On June 13, 1996, a murder took place in Idaho Falls, Idaho. A woman by the name Angie Dodge was stabbed multiple times. According to officers, it was a gruesome crime scene. In the mist of this gruesome scene, the perpetrator left some DNA evidence. However, the officers were not...
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Miranda Warnings
The 5th Amendment protects citizens from providing self-incriminating information to authorities. It is there as a mechanism to prevent the government from eliciting information the accused. The government has to inform the suspect of his Constitutional Rights before asking questions. Unfortunately, there are many instances where the police officers would...
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DUI Blood Test
The Supreme Court has recently struck down the per se rule that require individuals to submit to a blood test without a warrant. The Court does not want to depart from the “case-by-case assessment of exigency [to] adopt the categorical rule proposed by the State.” Missouri v. McNeely, 11-425. (2013)....
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High Crime Area
What is a high Crime Area? The Supreme Court has never answered this basic question. The Supreme Court typically had taken words used by officers and used it as a factor towards reasonable suspicion. The Supreme Court would allow the officers to state that an area is known for a...
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Domestic Disputes
Domestic Violence is defined as “abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the...
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