CA Penal Code §211 Tag

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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