California Legal Brief

The Rule of Citizens of Humanity, LLC v. Donboli is that a family relationship between class counsel and the representative plaintiff does not necessarily preclude probable cause to bring a class action claim, under circumstances where the underlying statutory violation existed at the time of filing and no clear authority prohibits such representation.

The Rule of People v. Perez is that police officers may not order a person out of a residence based solely on reasonable suspicion without probable cause and a warrant, even when the officers remain outside the residence, under circumstances where the person is seized while still inside the home.

The Rule of Sellers v. Superior Court is that to violate Health and Safety Code section 11362.3, subdivision (a)(4) (open container of marijuana in vehicle), marijuana must be of a usable quantity, in imminently usable condition, and readily accessible to an occupant, under circumstances where the marijuana could be consumed with minimal effort while driving, operating, or riding in the vehicle.

The Rule of People v. Superior Court (Feghhi) is that an officer's failure to inform a magistrate in a search warrant application that a DUI defendant requested a breath test does not undermine the validity of the warrant authorizing seizure of a blood sample, under circumstances where the warrant was otherwise supported by probable cause based on objective signs of intoxication and the defendant's involvement in a fatal DUI crash.

The Rule of People v. Hayes is that when police use coercive tactics including chemical gas, flash-bangs, and robotic devices to force a suspect to exit their residence, the arrest occurs inside the home and requires a valid warrant, under circumstances where the suspect submitted to police authority while still inside by complying with orders to come out.