Category: Media

No Warrant Needed to Search Probationer’s Cell Phone

The Fourth District Court of Appeal for the state of California has issued a ruling that, at first blush, appears to disregard the recent ruling of the federal Ninth Circuit Court of Appeals on a nearly identical issue. At issue in the People v. Sandee case is whether a warrantless search of a probationer’s cell phone is valid under the Fourth Amendment waiver that probationers consent to as a prerequisite to being granted probation.

The California appellate court explained that under California law, and the precedent set by the California supreme court, probationers should expect that their Fourth Amendment waiver will allow a cell phone to be searched attendant to a probation search.

Police License Plate Sans May be Disclosed

Did you hear the one about the guy who was caught cheating when a traffic cam snapped his photo with another woman in the car?

That’s not this case, but it has a cross-over issue. Los Angeles police use high-speed cameras to scan license plates and then catch drivers who are involved in crimes. They scan about 1.8 million license plates a week.

But what to do about the privacy of all those people who are not criminals? That’s the question the state Supreme Court sent to a trial judge to consider.

New California Laws Ease Fines, Punishment for Juveniles

California Gov. Jerry Brown signed 11 crime bills aimed at lowering fines and punishments for juveniles and other offenders.

Most of the legislation helps young people charged with crimes, including one bill that limits counties and cities from collecting fees from families with children in juvenile detention. Parents and guardians will no longer be charged for juvenile hall expenses, such as housing, food, drugs, tests and transportation.

Lawmakers said juvenile penalties and fines have mostly affected low-income and minority families. The legislation follows a recent pattern in the Golden State to help people who are “paying more for being poor.”

Jerry Brown Signs Criminal Justice Reforms, Eases Prison Terms

Gov. Jerry Brown bucked prosecutors and some other law enforcement groups Wednesday, signing a package of bills, including some that will shorten many prison and jail sentences for both juveniles and adults.

Brown has made rolling back some of California’s harsh sentencing laws one of his signature issues, and several of the bills he signed Wednesday build upon laws and policies he’s pushed over the past seven years. His office described the package as “legislation to improve criminal and juvenile justice systems, restore the power of judges to impose criminal sentences and reduce recidivism through increased rehabilitation.”

Among the measures are two bills that will make both young and elderly prisoners eligible for parole sooner. In a signing message attached to the bill dealing with elderly prisoners, the governor urged lawmakers to go even further next year and broaden the pool of eligible inmates, saying an existing program to parole older prisoners that was imposed by a federal court but had not previously been codified into law shows that there’s no risk to public safety.

“This has been a successful program that saves the state a significant amount of money that would otherwise be spent caring for geriatric prisoners who no longer pose a risk to public safety,” he wrote.

Brown also signed bills that take on so-called sentencing enhancements — years added automatically to the sentences of people with criminal histories who are convicted of a new crime. Senate Bill 180 eliminates extra jail time for people convicted of minor drug crimes; SB 620 will allow judges to decide whether extra jail or prison time should be added on if someone uses a gun in a crime. Previously, judges did not have that discretion.

Sen. Steven Bradford, who wrote the gun bill, said it will help make the criminal justice system more equitable.

“History has shown that there are implicit biases when it comes to charging and sentencing our minority and lower socially economic communities,” he said. “By providing greater options such as comprehensive rehabilitation, that reduces recidivism and judicial discretion, which allows our courts to mete out justice in a more fair and hopefully color blind manner, we will balance the scales of justice and reduce incarceration.”

Sentencing enhancements were the subject of Proposition 57, a ballot measure authored by the governor and passed by voters last year. At the time, he said he would have gone even further limiting those enhancements if he felt it was politically feasible.

Brown also signed several measures that will make it easier for adults and juveniles who are arrested but not charged with crimes to have their records sealed, and another that will let some juveniles convicted of misdemeanors have their records sealed.

Criminal justice reform advocates praised the bills, as did Sens. Ricardo Lara and Holly Mitchell — both Los Angeles Democrats. Mitchell and Lara teamed up to author a number of the measures

Brown also signed a bill that will require youths 15 and younger to consult with a lawyer before they can waive their Miranda rights. He vetoed a similar measure last year.

“Science is clear, young people are different, and as such have the capacity to change and become productive members of society,” Lara said, adding that the laws “will give them that opportunity.”

“Sadly, too many poor kids and kids of color today are more likely to end up as victims of the juvenile justice system,” added Mitchell. “If one believes that our children will be tomorrow’s leaders, then we must look through a child development lens. These bills help provide the appropriate resources and policies to get them there.”

Critics of the state’s recent criminal justice reforms say they’re contributing to an uptick in crime, especially property crimes such as car break-ins and burglaries. But some public safety researchers say it’s too soon to draw that conclusion since crime rates have gone up and down since the reforms have been implemented.

Proposition 64 Frequently Asked Questions (Nonmedical Use and Sale of Marijuana)

On November 8, 2016, California voters passed Proposition 64 which legalizes the nonmedical use of cannabis starting January 1, 2018.  Below are a few quick facts about the initiative taken directly from the California Office of Manufactured Cannabis Safety. Corona & Peabody is dedicated to guiding our clients through licensing, compliance and in the defense of those wrongly accused of use, sale and transportation of marijuana. 

  • The Bureau of Medical Cannabis Regulation is renamed the Bureau of Marijuana Control.
  • Cities and counties maintain local control.
  • Persons 21 and over may possess and grow specific amounts of   cannabis.
  • Persons 21 and over may purchase nonmedical cannabis when licensing authorities have a framework in place. Licensing will begin in January of 2018.
  • All taxes collected are placed in the Marijuana Tax Fund.

1.  The initiative calls for licenses by January 1, 2018. Is that possible?

The agencies involved are taking appropriate action to meet the deadlines and requirements imposed by the initiative. The basic priorities under the Medical Cannabis Regulation and Safety Act (MCRSA) regarding public and environmental safety remain the same under the initiative.

2.  Now that the initiative passed, does that mean any adult 21 and over can walk into a dispensary after November 9, 2016 and purchase cannabis?

NO. Dispensaries will still have to be licensed to sell nonmedical cannabis. The initiative calls for licensing authorities to begin accepting applications and issuing licenses in January 2018. The Bureau of Marijuana Control is responsible for licensing dispensaries under the initiative.

3.  Will people be able to smoke nonmedical cannabis anywhere?

NO. The initiative prohibits consumption of cannabis in a public place unlicensed for such use, including near K-12 schools and other areas where children are present.

4.  Can people expect to have their criminal records changed?

The purpose and intent of this section of the initiative indicates that it seeks to “[a]uthorize courts to resentence persons who are currently serving a sentence for offenses for which the penalty is reduced by the act, so long as the person does not pose a risk to public safety, and to redesignate or dismiss such offenses from the criminal records of persons who have completed their sentences as set forth in this act.” Health and Safety Code section 11361.8. (a) states that “[a] person currently serving a sentence for a conviction, whether by trial or by open or negotiated plea, who would not have been guilty of an offense, or who would have been guilty of a lesser offense under the Control, Regulate and Tax Adult Use of Marijuana Act had that act been in effect at the time of the offense may petition for a recall or dismissal of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing or dismissal in accordance with Business and Professions Code sections 11357, 11358, 11359, 11360, 11362.1, 11362.2, 11362.3, and 11362.4 as those sections have been amended or added by that act.”

If you have been arrested or cited for possession, sale, use or cultivation of marijuana give us a call at (213) 488-0022.

5.  Will my medical cultivation license work for nonmedical grows?

NO.  Medical cultivation licenses are not valid for producing nonmedical product.  However, a licensed medical cultivator could also obtain a nonmedical cultivation license under Business and Professions Code section 26053, provided the site meets all the requirements for both the Medical Cannabis Regulation and Safety Act (MCRSA) and the initiative.  The California Department of Food and Agriculture is responsible for licensing cultivators under the initiative.

6.  Will the Medical Marijuana Card Program go away?

Although Proposition 64 amends some statutory provisions governing the Medical Marijuana Identification Card (MMIC) program, it does not abolish it. The California Department of Public Health (CDPH) will continue to print identification cards and maintain a registry database for verification of qualified patients and their primary caregivers.

7.  Who regulates edibles?

The California Department of Public Health (CDPH) is responsible for regulating and licensing nonmedical cannabis manufacturers by 2018. This includes cannabis-infused edibles.