CA PC §273.5 Tag

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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Danger of False Allegations in California (CA Penal Code §182(2))

Even though a guilty verdict has been returned in the killing of Travis Alexander (formerly of Riverside, CA), many of us wonder about Jodi Arias’s (formerly of Salinas, CA) claims of self-defense against Alexander.  Arias still maintains, for example, that Alexander was abusive toward her, causing, in the end, his own death at her hand – by multiple stab wounds, a gunshot to the head, and a slit throat.  So convincing was the defendant, however, that while awaiting verdict, Arias sold t-shirts online that read, “Survivor” in order to raise money for domestic violence awareness. CA Penal Code §273.5 (Corporeal Injury to...

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