A recent case in California, where an appeals court upheld the warrantless search of a juvenile’s digital camera, joins a growing stockpile of cases around the country where courts are being forced to deal with the issue of warrantless police searches of personal electronic devices.

The young man, Alfredo C., was arrested for tagging (graffiti vandalism), after which a Los Angeles County Sheriff’s deputy searched an iPod found in the young man’s back pocket during the pat down. The search of the iPods image files revealed several photos of the young man holding a sawed-off shotgun.

The images were presented as evidence, and a motion to suppress the evidence was dismissed by the trial court judge. The young man eventually admitted that he possessed a sawed-off shotgun, was declared a ward of the court, and ordered home on probation. (more…)

A recent decision by the Supreme Court may impact some California DUI cases. The case addressed the Confrontation Clause, under the Sixth Amendment of the U.S. Constitution, which states that criminal defendants have the right to confront witnesses against them.

In its ruling, the Supreme Court held that crime laboratory reports may not be used against criminal defendants at trial unless the analysts responsible for creating them testify and submit to cross-examination.

The case at issue involved the arrest of a New Mexico man, Donald Bullcoming, on suspicion of driving while intoxicated. At his trial, prosecutors presented a crime lab report showing that his blood-alcohol levels were above the legal limit. (more…)

California motorists arrested for driving under the influence face numerous consequences, including license suspension, fines, and possible jail time. Many drivers don’t realize that a DUI arrest, or worse yet a DUI conviction, can also have a significant effect on the driver’s current job and future employment opportunities, particularly if driving is part of the job description.

This is because many public and private employers conduct background checks on all prospective employees. In addition to occupations involving driving, jobs that require security clearance or involve children, the elderly, or the disabled may require background checks.

Also, many fields of employment require an applicant to disclose a past California DUI conviction. For example, those running for public office or applying for a professional license in the state must disclose a DUI conviction from the past 10 years. (more…)

The laws regarding driving a commercial vehicle under the influence in California differ in several ways from the rules that apply to other drivers. In essence, commercial drivers are held to a much higher standard.

The most important difference is that the blood alcohol content threshold is significantly lower. In California, it is illegal to operate a commercial vehicle with a BAC of .04 or higher.

Under California law, a driver with a commercial driver’s license (CDL) can be charged with a California DUI under the following circumstances: (more…)

The California laws governing sobriety checkpoints are complex. For that reason, many California drivers do not understand that there are certain guidelines that police must follow.

This post offers a brief summary of the existing rules and regulations as well as a new bill currently under consideration by the California assembly.

The Existing Legal Framework

First and foremost, California DUI checkpoints are governed by the Fourth Amendment of the U.S. Constitution, which protects against “unreasonable” searches and seizures. This means that police generally need reasonable suspicion or  “probable cause” to pull over a vehicle. California courts have concluded that sobriety checkpoints are generally not considered unreasonable searches because they are not intended to arrest drivers but rather to promote public safety. This is, of course, so long as certain procedures are followed.

A 1987 California Supreme Court case, Ingersoll v. Palmer, outlines the procedures that California law enforcement must follow.

Before conducting the California DUI checkpoint, guidelines include:

• Choosing a time, duration and location where there is a high level of alcohol-related arrests
• Announcing the DUI checkpoint before it occurs
• Making sure there is proper lighting, warning signs and signals and clearly identifiable vehicles and officers

During an the California DUI checkpoint, guidelines include:

• Sticking to a formula such as stopping every driver or every second, third or fourth driver
• Keeping the length of detention of each motorist minimal
• Making sure the check is not intrusive

The Proposed Legislation

Because the guidelines above are not always followed consistently by law enforcement, a new bill being considered by the California assembly would codify the rules for police when conducting California sobriety checkpoints.

The new law would require police officers to follow and abide by specific guidelines that include: establish a neutral formula for inspecting motorists, use proper lights and warning signs, perform DUI checkpoints during appropriate times, notify the public of the DUI checkpoint 48 hours prior and refrain from impounding vehicles of unlicensed drivers.

Further information California DUI laws can be found at the California DUI Guide and OC DUI Checkpoints websites. Drivers are also encouraged to contact experienced DUI defense attorney Thomas Wallin if they are arrested for suspicion of driving under the influence in California.

California law enforcement officers are trained to look for certain “common” signs of intoxication when evaluating a driver during a DUI stop. But what exactly are they looking for?

Below is a list of symptoms officers may be looking for when a driver is stopped for suspicion of driving under the influence. (more…)

As reported by several sports media outlets, Major League Baseball seems poised to address what is becoming a growing problem for its players – driving under the influence.

As evidence of the problem, six major leaguers – Miguel Cabrera, Shin-Soo Choo, Coco Crisp, Derek Lowe, Austin Kearns and Adam Kennedy – have already been charged with driving under the influence this year.

Sources have told the Associated Press that Major League Baseball and its players association are considering a formal plan for dealing with alcohol-related incidents in the next collective bargaining agreement.

The current collective bargaining agreement, which expires Dec. 11, has provisions for dealing with “drugs of abuse” such as cocaine and marijuana, but does not authorize the league to discipline players for alcohol-related offenses. (more…)

It is possible. As reported by the Palm Beach Post, Skype technology is currently being used by Florida law enforcement to conduct driving under the influence (DUI) investigations.

Specifically, police in Palm Bay, Florida are using the Internet communication technology to obtain blood search warrants more quickly in cases where drivers refuse to willingly submit to chemical testing.

Essentially, officers and judges use the Internet to create a “virtual courtroom” in which documents are exchanged and testimony is provided. Officers use email to forward documents to the judge and then hold a conference call by Skype to obtain warrants for blood draws on suspects. (more…)

It appears that efforts to curb driving under the influence (DUI) among teens are making a significant impact, particularly as prom season approaches.

As reported by U.S. News and World Report, only 6 percent of students reported that they have driven under the influence on prom night, according to a study by Students Against Destructive Decisions (SADD) and Liberty Mutual insurance.

The practices of requiring students to blow into a breathalyzer before entering prom and holding sponsored after-prom functions have helped deter drunk driving, says Stephen Wallace, chairman of SADD.

Some schools also require students to sign sobriety contracts and hire police security to discourage students from drinking. (more…)

California traffic safety officials declared 2010 the “year of the checkpoint,” and dramatically increased the number of DUI checkpoints held across the state.

However, California DUI checkpoints have come under increased scrutiny lately, in large part due to a study by California Watch and the Investigative Reporting Program at UC Berkeley that found that officers impounded six cars for every one DUI arrest made. The investigation highlighted that DUI checkpoints are highly profitable operations for cities and towns and questioned the disproportionate impact of DUI impound policies on unlicensed minorities.

The California Watch study also reconfirmed that DUI checkpoints net relatively few DUI arrests when compared to the number of vehicles stopped. This has lead many to question whether DUI checkpoints are the most effective means of preventing drunk driving in California, particularly in light of the mounting legal concerns. (more…)