You might recall a news item from 2021 when a laser pointer was aimed at a Huntington Beach Police Department helicopter investigating a fatal hit and run accident. These types of dangerous pranks are not new to police department arial surveillance and investigations. In this case, the police were able to capture an image of the man pointing the laser by utilizing the helicopter’s thermal camera. The officers in the helicopter called in for an on-the-ground police response to investigate. Patrol officers responded to the apartment building where the image of the laser pointing suspect was loca ..read more

Everyone is familiar with the term “Miranda rights.” This right derives from a 1966 U.S. Supreme Court case, Miranda v. Arizona. The Miranda court held that the Fifth Amendment to the U.S. Constitution, which protects someone accused of a crime from self-incrimination, includes protections for suspects who have been arrested for a crime. Specifically, the court held that when a suspect is arrested, the suspect must be advised that: The suspect had a right to remain silent, anything the suspect said could be used against him or her in a court of law, and ..read more

As has been discussed many times in these pages, the Fourth Amendment secures the right to be free of searches absent a warrant establishing probable cause. A law enforcement search without probable cause is unlawful.  …Or so they say. Over the years, many exceptions to this right have been carved out. One exception to the Fourth Amendment is vehicle searches. While probable cause to search a vehicle is nominally still in effect, the threshold is lower. Warrantless searches of a vehicle and contents therein may be searched if a law enforcement officer can establish probable cause that som ..read more

The Covid-19 pandemic ushered in government benefit programs aimed at relieving the economic burdens the pandemic and the resulting lockdowns caused to individuals and businesses.  Among those benefits was the Employee Retention Credit (ERC). Individuals and employers are being warned that making false claims for an ERC credit will and has resulted in criminal charges. The ERC program was created to help small businesses reduce the employment tax they owed as a set-off for partial or full suspension of their business due to Covid-19. The credit is tied to employee wages paid by the busine ..read more

California already has some of the toughest gun laws in the country. Governor Newsom just made the laws even tougher when he signed new gun control bills into law that aim to address the rising gun violence in the state. Six new measures were enacted, and barring court challenges will become law beginning next year. (Some of the new laws will not take effect until future years.) Senate Bill 2 amended the concealed carry law, adding restrictions and/or outright bans on where a person with a concealed carry permit may carry a gun.  The law takes effect on January 1, 2024. Senate Bill 452 wi ..read more

Four years ago, heroin accounted for 80% of the opioid seizures at the Mexico/U.S. border; as of 2022, it now accounts for only 7%. What has replaced the opioid seizures? If you have read my previous blog posts, you know the answer is fentanyl. According to the U.S. Customs and Border Protection, fentanyl seizures at our southern border tripled (by weight) from 2021 to 2022. It may be surprising to learn that 20% of those fentanyl seizures were found on pedestrians crossing the border, often secreted on or inside the pedestrian’s body. Considering how potent the drug is, it is perhaps not all ..read more

You might remember back ten or so years ago when flash mobs were all the rage. A large group of “conspirators” preplanned an event at a crowded venue – for example at Grand Central Station in New York City or a large mall in Los Angeles – and delighted the crowd with a choregraphed dance or impromptu theater.  Such events were a welcome respite to the hustle and bustle of the city. We still have flash mob events, but now they are far more nefarious. Across the country, mobs – sometimes only a few people, sometimes many – are invading retail stores and grabbing the merchandise.  South ..read more

Ghost guns present a considerable threat to gun control laws. Ghost guns are guns that are assembled by component parts bought online. These guns are increasingly posing a challenge to law enforcement and to public safety. The component parts, essentially a gun kit, are available online for anyone to purchase.  The criminal use of ghost guns is an increasing menace and something that we will hear more about in coming months and years. These guns have been linked to hundreds of shootings, including murders; unfortunately, the use of ghost guns is rising. Ghost gun kits or components are ty ..read more

Manzanillo, a port city on Mexico’s Pacific coast and about 175 miles south of Puerto Vallarta, is one of the busiest ports in Mexico. It is also where most of the fentanyl gets it start as it winds its way up the North American continent.  It is no secret that fentanyl overdose is the leading cause of death for Americans between the age of 18-45 and represents almost 70% of the drug overdoses in the U.S. Approximately 150 people a day die from an overdose of fentanyl. What is the journey of a fentanyl tablet or capsule as it makes it way from the Manzanillo port to the shores of the Unit ..read more

Depending upon your point of view “livestreaming” police contacts benefits citizen civil rights, impedes police officers’ ability to do their job, and/or instigates riots. All these things are true. Many police officers don’t like it when citizens livestream their contact with the public; they believe it interferes with their ability to properly perform their job.  On the other hand, livestreams may keep the police “in check.” Some officers abuse their power and the notion that there might be a citizen livestreaming their actions may lead such officers to follow the law. But is citizen li ..read more