Robbery

Juvenile Accused of Rape of Intoxicated Woman in Morgan Hill (CA Penal Code §261(3))

After a night of drinking, a woman (40) decided to do what she thought was the responsible thing and take a taxicab home.  However, she was so intoxicated that, once they arrived at her residence, the cab driver needed some help getting her into her home.  A woman and her son (16-years-old) offered their assistance.  So far, this seems like the story of two good Samaritans who, without any good reason, wanted to help a neighbor. However, the 16-year-old son has been accused of returning to the woman’s house later that evening, raping her, and then bringing two other juveniles (one...

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Assault in San Francisco Excelsior Neighborhood (CA Penal Code §240)

It could have happened to anyone.  The weekend arrives and you decide to go out for a quiet beer with some friends.  What you don’t expect is to be accosted for refusing to give someone a sip of that hard-earned beverage.  Yet, this is exactly what happened in San Francisco Excelsior neighborhood this past weekend.  A man, was standing outside of a local watering hole when he was approached by another individual, who wanted a taste.  When the beer-drinker refused, the stranger took the bottle from him, hit him over the head, and stole his cell phone.  The assailant may...

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Accused’s Right to Privacy Questioned in San Francisco Robbery (CA Penal Code §211)

When it comes to police searches, there are very specific rules across the country and in the state of California (4th Amendment, U.S. Constitution).  The law attempts to create a balance between the rights of citizens and the rights of law enforcement agencies.  Yet, in the current age of technological advancements, including cellular phones, some of the traditional ways that law enforcement officials gather evidence in criminal cases have recently been brought into question.  When can anyone have a reasonable expectation of privacy in police searches? In San Francisco, in 2009, a couple was robbed at gunpoint (CA Penal Code §211)...

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CALIFORNIA LOWER COURTS VIOLATE 4th AMENDMENT RIGHTS IN LA

The United States Constitution protects citizens from unlawful search and seizure.  Part of what is known as the Bill of Rights, this amendment is meant to prevent law enforcement or government officials from fabricating evidence, planting evidence, or illegally obtaining evidence for later use against suspects in various crimes.  The 4th Amendment is also part and parcel of a balancing of governmental power with individual rights.In 2006, the U.S. Supreme Court upheld these 4th Amendment rights, maintaining that, in non-emergent situations, police cannot enter an individual’s home without a warrant without permission.  Lower courts in California have, however, ruled that...

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Attempted Carjacking in Greenbrae (CA Penal Code §215(a))

As Tina Humphrey (52), a contractor from Mill Valley, went about running errands in the Bon Air Shopping Center, it’s a good guess that becoming the victim of a carjacking was the last thing on her mind.  But, when Jeffrey Boyce, a Coos County man, came up to her as she was getting into her pickup truck, all of that changed in a split second.  It seems that Boyce was attempting to steal a car in order to reach the Russian Consulate in San Francisco as he bent Humphrey’s ear about a number of conspiracy theories he wholeheartedly believed.  Humphrey...

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Murder of Witness results in San Francisco man sentenced to life (CA Penal Code §190.2(a)(10))

Tony Van Le, 44, was killed in 2008 by men who wanted to silence him and prevent him from testifying about a robbery in Bernal Heights at the Nasser Market.  Larry Blay Jr., 22, and Kevin Abram were sentenced to life in prison without the possibility of parole for shooting Le before he could speak in court.  Blay, in particular, gave instructions to a friend from jail to have the man murdered.In the state of California, the murder of a witness is considered a murder under special circumstances (CA Penal Code, §190.2(a)(10)) and carries with it severe penalties – penalties...

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San Francisco Marijuana Robbery Averted

​A dramatic hostage situation at a San Francisco city-licensed marijuana grow-house ended in the arrest of an unnamed suspect Wednesday. It seems that 4 masked gunmen attempted to rob the warehouse in the Bayview area on Jennings, near Wallace Avenue, but were stymied by a report of the incident.In response, one of the suspects took four of the grow-house workers hostage in an attempt to avoid arrest and held them for several hours before a SWAT team, including a canine unit, was deployed. Upon seeing the police dog, it is said that the unidentified suspect, afraid...

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